In pursuance of Article 10,
paragraph 1, of the European Convention for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment, I enclose herewith the report to
the Government of Ireland drawn up by the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT) following its
visit to Ireland from 20 to 28 May 2002. The report was adopted by the CPT at
its 49th meeting, held from 5 to 8 November 2002.

I would draw your attention in particular to
paragraph 147 of the report, in which the CPT requests the Irish authorities to
provide within six months a response setting out the action taken upon
its visit report. It would be most helpful if the Irish authorities could
provide a copy of the response in electronic form.

I am at your entire disposal if you
have any questions concerning either the CPT’s report or the future procedure.

1. In pursuance of Article 7 of the
European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (hereinafter referred to as “the Convention”), a
delegation of the CPT carried out a visit to Ireland from 20 to 28 May 2002.
The visit formed part of the Committee’s programme of periodic visits for 2002.
It was the CPT’s third visit to Ireland.[1]

2. The visit was carried out by the
following members of the CPT:

- Ingrid LYCKE ELLINGSEN, Head of the
delegation

- Maria
Teresa BELEZA

- Pétur
HAUKSSON

- Anhelita
KAMENSKA

- Jagoda
POLONCOVÁ

- Rudolf SCHMUCK.

They were assisted by:

- Eric DURAND, Medical doctor, former
head of medical services at Fleury-Mérogis

Prison, France
(expert)

- Eoghan O’LOINGSIGH (interpreter)

and
were accompanied by the following members of the CPT’s Secretariat:

4. The delegation held consultations with
the national authorities and with representatives of non-governmental
organisations active in areas of concern to the CPT. In addition, numerous
meetings were held with local officials in charge of the places visited.

A
complete list of the authorities and non-governmental organisations with which
the delegation held talks is set out in Appendix II to this report.

5. The co-operation received by the CPT’s
delegation from the Irish authorities both before and during the visit was
excellent.

The
CPT is grateful to John O’DONOGHUE, Minister for Justice, Equality and Law
Reform, Micheál MARTIN, Minister for Health and Children, and Michael WOODS,
Minister for Education and Science for the time they devoted to the delegation.
During the visit, the delegation also met the General Secretaries and other
senior officials from the aforementioned ministries. In addition, the
delegation held useful talks with members of the Irish Human Rights Commission
and with the newly appointed Inspector of Prisons and Places of Detention.

6. All establishments which could be
visited by the delegation had been informed of that possibility and, in many of
the establishments visited, a notice about the CPT’s visit to Ireland had been
displayed, providing some information about the Committee’s mandate.

Further, the CPT is pleased to note
that officials in some of the establishments which received a follow-up visit
were familiar with the report on the Committee’s 1998 visit.

7. The CPT also wishes to express its
appreciation for the assistance received from the liaison officers appointed by
the Irish authorities, and for the extensive written materials provided to the
CPT in advance of the visit, as well as the comments provided by the Irish
authorities by letter of 3 October 2002, in response to the preliminary remarks
made by the delegation at the end of the visit.

8. At the end of the visit,
the CPT’s delegation invoked Article 8, paragraph 5, of the Convention as
regards the use at Cork and Mountjoy Prisons of padded cells to hold prisoners
in need of psychiatric care and, more particularly, of in-patient hospital
treatment. The delegation called upon the Irish authorities to take immediate
steps to discontinue this practice (cf. paragraphs 38 and 39).

By letter of 6 August 2002, the
Irish authorities provided information on measures taken in the light of the
delegation’s immediate observation. This response, which is fully consistent
with the principle of co-operation set out in Article 3 of the Convention, has
been taken into account in the relevant section of the present report.

9. The CPT’s
delegation visited five police (Garda Síochána) establishments, namely Cork
Bridewell and Cobh and Gurranabraher Garda Stations in the Cork area, as well
as the Bridewell and Store Street Garda Station, in Dublin. In addition to
persons held by the police at the time of the visit, the delegation interviewed
many persons in other places - especially in prisons - about their recent
experience in police custody.

10. The basic rules which apply to detention
by the police were summarised in previous CPT visit reports (cf., inter alia,
CPT/Inf (99) 15, paragraphs 9 et seq.). Reference will be made in relevant
parts of this report to certain recent positive developments, particularly as
regards the formal safeguards offered to detained persons.

It might be added that the
introduction of an independent police inspection and complaints system
continues to be on the Government’s agenda (cf. paragraph 18); the
information gathered during the 2002 visit concerning ill-treatment by the
police, summarised in the following paragraphs, highlights the need for such a
system.

11. Many
of the persons interviewed by the CPT’s delegation about their experience while in police custody
stated that they had been treated correctly treated by the police.

However,
a not inconsiderable number of persons claimed that they had been physically
ill-treated by police officers (Gardaí).
Most of the allegations received concerned the time of arrest, including
after the detained person had been brought under control, or during transport to a police station; some
complaints related to ill-treatment in cells or detention areas in police
stations.In certain cases the
ill-treatment alleged was said to have been inflicted by officers trying to
obtain information or secure a confession from the detained person.

The
allegations involved in the main blows with batons, as well as kicks and
punches to various parts of the body. On occasion, the ill-treatment alleged
was of a severe nature. In a few cases, the delegation was told that the
ill-treatment had been administered in such a way as to avoid leaving visible
marks, e.g. baton blows to a telephone directory placed against the detainee’s
head or pressure with a baton behind the knee.

12. The
number and consistency of the allegations of ill-treatment heard by the
delegation lend them credibility. Moreover, in some cases, the delegation’s
doctors gathered medical evidence consistent with the allegations received. By
way of example, the CPT would like to make reference to the following cases:

One person interviewed in Cork Prison alleged
that, the day before, four or five police officers had dragged him down the
stairs at the Anglesea Street police facilities and repeatedly struck him with
batons. Following his arrival at Cork, the prison doctor had noted “4 fresh
marks on back, prior to committal”. Upon medical examination by the
delegation’s doctors, the person concerned was found to display two recent red
horizontal bruises measuring approximately 3 x 9 cm, respectively in the left
and right upper lumbar/kidney area, and a further similar bruise in the left
shoulder region; he also displayed a number of abrasions and smaller bruises on
the legs.

One person interviewed in Cloverhill Prison
alleged that, a few days earlier, at the time of his arrest, the police had
twisted his wrist and that, subsequently, at Store Street Garda Station, a
police officer had delivered several baton blows in the direction of his head
which he had stopped with his left arm. The police reported no physical
force/violence or injuries at any time of this person’s custody, and the doctor
who examined him on police premises approximately five hours after his arrest
only found handcuff marks on the right wrist and injection marks on the lower
arms. However, during medical screening on arrival in prison the following
morning, he was found to display “superficial haematomas and contusions on the
lower left arm”. A medical examination by the delegation’s doctors revealed a
purple 6 x 3 cm haematoma along the antero-external face of the lower left arm
in the proximity of the elbow and, next to it, another haematoma of similar
size and characteristics.

Another person (who at the time of the visit was
no longer deprived of his liberty) interviewed by the delegation in Dublin
alleged that, one week previously, the police had treated him roughly at the
time of his arrest and that, subsequently, at Store Street Garda Station,
police officers had assaulted him several times (kicks to the legs and blows to
the head) and that, on one occasion, while he was being manually restrained, an
officer had struck him six or seven times on the right thigh with a baton. He
claimed that, despite his requests, he had not been medically examined during
custody. A medical examination by the delegation’s doctors revealed a yellowish
4 x 2 cm haematoma on the right thigh in the proximity of the groin, a yellow
and red 10 x 8 cm haematoma with a blue central part on the middle section of
the right thigh, a similar 7 x 7 cm haematoma immediately above the right
knee, and a further 6 x 3 cm haematoma on the inner part of the central section
of the lower right leg; he displayed a number of other smaller bruises on both
legs.

It
should also be noted that, in certain of the cases examined during the visit,
other evidence gathered by the CPT’s delegation (e.g. from custody records,
information provided by police officers) tended to support the allegations of
ill-treatment received.

13. Further, the
attention of the CPT’s delegation was drawn to allegations of use of excessive
force by the police during a demonstration in Dublin on 6 May 2002 and, more
particularly, to claims, apparently supported by video footage, that persons
who had already been brought under control were repeatedly struck with batons
in a potentially dangerous manner (e.g. on the head and side of the neck).

The CPT was subsequently informed that, following
investigations by the Garda
Síochána, the Director of Public
Prosecutions had directed that seven officers face charges in relation to
assault. Further, the Committee understands that the Garda Síochána Complaints Board is considering disciplinary charges against more than
thirty officers as part of their investigation.

The CPT would liketo be informed in due course of the results of
the criminal and disciplinary proceedings related to the policing of the
demonstration on 6 May 2002 and of the outcome of any individual complaints of
ill-treatment.

*

* *

14. After
the 1993 visit, the CPT was led to conclude, in the light of all the
information at its disposal, that persons held in certain police establishments
in Ireland ran a not inconsiderable risk of being physically ill-treated. In
1998, the CPT also gathered considerable evidence of police ill-treatment.

The
information gathered by the CPT’s delegation during the 2002 visit highlights
the need for the Irish authorities to intensify their efforts to prevent
ill-treatment by the police.

Irish
law makes clear that the ill-treatment of detained persons is not
acceptable[2]. Further, the CPT has noted the measures adopted
by the Irish authorities to “promote the fundamental nature of human rights in
[…] policing” in general (cf. inter alia CPT/Inf (99) 16, paragraph 39).
Nonetheless, in view of the delegation’s findings, there is clearly a need to
ensure that all police officers become aware, through concrete action,
that the Irish Government is resolved to stamp out ill-treatment of persons
deprived of their liberty.

The CPT recommends that the message that the ill-treatment of detained persons is not
acceptable - and will be severely sanctioned - be vigorously recalled to police
officers in an appropriate manner at regular intervals (cf. CPT/Inf (95) 14, paragraph 22, third
sub-paragraph).

As
regards more specifically the use of force at the time of arrest, the CPT has
previously recognised (cf. CPT/Inf (99) 15, paragraph 15) that the
arrest of a suspect is often a hazardous task, in particular if the person
concerned resists and/or is someone whom the police have good reason to believe
may be armed and dangerous. The circumstances of an arrest may be such that
injuries are sustained by the person concerned (and by police officers),
without this being the result of an intention to inflict ill-treatment.
However, no more force than is strictly necessary should be used when effecting
an arrest. Furthermore, once arrested persons have been brought under control,
there can be no justification for striking them.Police officers should be unequivocally reminded of these precepts.

15. The
best possible guarantee against ill-treatment is for its use to be rejected by
law enforcement officials themselves. This implies strict selection criteria at
the time of recruitment of such officials and the provision of adequate
professional training (cf. also CPT/Inf (95) 14, paragraph 22); the training
should be pursued at all levels of the police force’s hierarchy, and should be
ongoing. The CPT recommends that the Irish authorities seek to integrate human
rights concepts into practical professional training for high-risk situations,
such as the arrest and interrogation of suspects. This will prove more effective than separate
courses on human rights.

16. Another
effective means of preventing ill-treatment by the police lies in the diligent
examination by the competent authorities of all complaints of such treatment
brought before them and, where appropriate, the imposition of a suitable
penalty (cf. CPT/Inf (99) 15, paragraph 16). This will have a very
strong deterrent effect. Conversely, if the relevant authorities do not take
effective action upon complaints referred to them, those minded to ill-treat
persons deprived of their liberty will quickly come to believe that they can
act with impunity.

In
this connection, several of the persons interviewed by the delegation
stated that they had tried to complain about the manner in which they had been
treated by the police to the judge before whom they had been brought at the end
of their custody, but that the judge had shown little interest in their
complaints. Similarly, some persons told the delegation that they had displayed
bruises on visible parts of their body, but claimed that their injuries had met
with no reaction from the judge (and other authorities present).

The CPT recommends that whenever
criminal suspects brought before a judge allege ill-treatment by the police,
the competent authority present during those proceedings record the allegations
in writing, order immediately a forensic medical examination and take the
necessary steps to ensure that the allegations are properly investigated. Such
an approach should be followed whether or not the person concerned bears
visible external injuries. Further, even in the absence of an express
allegation of ill-treatment, the competent authority should request a forensic
medical examination whenever there are other grounds to believe that the person
brought before the judge could have been the victim of ill-treatment.

17. It
should also be noted that existing legal provisions require police officers
systematically to report force used by them and to bring to the attention of
their superiors the unreported or unlawful use of force by fellow officers;
such reports must be investigated by a senior officer. It is further required
that a detained person who complains of physical ill-treatment by the police or
who is injured be promptly examined by a doctor at the initiative of the
officer responsible for custody, i.e. the “officer in charge”.[3]
The information gathered during the visit indicated that these requirements
were not always being complied with.

The
CPT recommends that police officers be firmly reminded of their duties under
Regulation 20, paragraphs 3 to 7, and Regulation 21, paragraph 1, of the
Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána
Stations) Regulations, 1987. The Committee
would like to be informed of the criminal and/or disciplinary consequences of a
failure to comply with the above-mentioned provisions.

18. The information gathered by the
delegation confirmed that the existing internal accountability mechanism for
the police, the Garda Síochána Complaints Board, enjoys little public
confidence. Indeed, the CPT’s delegation heard accounts of solicitors
discouraging clients from filing a complaint. In the circumstances, the CPT can
only conclude that this mechanism, which has been under review for a number of
years (cf. CPT/Inf (99) 15, paragraph 16), is failing to contribute to the
prevention of ill-treatment.

The
introduction of an independent inspection and complaints system continues to be
on the Irish Government’s agenda[4].
The declared objective is to put in place a mechanism independent of the Garda
Síochána that enjoys public confidence and enables complaints against the
police to be properly and fully investigated in an open and transparent manner[5].
The CPT has been informed that the necessary legislation is being drafted as a
matter of priority. The Committee can only encourage the Irish authorities
to continue to give a very high priority to establishing an inspection and
complaints mechanism which is, and is seen to be, independent and impartial.

19. The material
conditions of detention observed by the CPT’s delegation were on the whole
acceptable. In particular, all of the cells and holding facilities seen were of
an adequate size for the number of persons they were intended to accommodate
(e.g. one person to a cell measuring 6 m² or more), had at least some access to
natural light and, in general, had adequate artificial lighting and
ventilation. The cells were equipped with a plinth, and detained persons
required to remain in custody overnight were provided with a mattress and
blanket. Cells were fitted with a lavatory, and persons held in multi-occupancy
cells also had ready access to adequate sanitary facilities. The detention
facilities at Cobh and Store Street Garda Stations were of a particularly good
standard.

However,
the cells at the Dublin Bridewell (and the holding facilities at the
Municipal Courts) were dirty and in a poor state of repair. The Irish
authorities have subsequently informed the CPT that these shortcomings have
been remedied. Further, the lighting and ventilation in certain of the cells
at Cork Bridewell left something to be desired.

20. As had been the case during previous
visits, the three fundamental safeguards advocated by the CPT, namely the
rights of detained persons to inform a close relative or another third party of
their choice of their situation, to have access to a lawyer and to have access
to a doctor, on the whole operated in a satisfactory manner (cf. for example,
CPT/Inf (99) 15, paragraphs 20 and 21).

The delegation heard no complaints
about notification of custody (and many persons recognised that they had
themselves been able to call their relatives to inform them of their
situation), access to a lawyer appeared to function well in practice, and very
few complaints were heard about access to a doctor. Further, the persons
interviewed by the delegation confirmed that they had been promptly informed of
their rights including, in most cases, in writing.

21. As regards more particularly the right of
access to a lawyer, the CPT welcomes the fact that legal aid is now in
principle available as from the outset of custody. The CPT would like to be
informed of the legal/administrative basis for this extension of the right to
legal aid to include persons detained in police stations.

Notwithstanding the above, formal
arrangements are not yet in place for the choice/appointment of solicitors for
detained persons who do not have their own lawyer (cf. CPT/Inf (95) 16,
paragraph 50, and CPT/Inf (99) 15, paragraph 23); this continues to be
organised informally by the police. Some persons told the delegation that they
had chosen to waive their right to legal assistance because they felt that the
solicitors proposed to them were not independent from the police.

Further steps are required to ensure
that detained persons who do not have their own lawyer feel that they can trust
the solicitor proposed to them; this may well require creating panels of
solicitors prepared to attend police stations, as proposed by the Law Society
(cf. CPT/Inf (99) 15, paragraph 23).

22. In the CPT’s opinion, the right of access
to a lawyer should include the right to have the lawyer present during police
interrogations. While the Irish authorities do not dispute the merits of the
approach advocated by the CPT, they consider that audio-video recording of
police interviews, which was being tested at the time of the visit, is a preferable
alternative (cf. CPT/Inf (99) 16, paragraphs 47 and 48).

The CPT considers that the
introduction of audio-video recording of interviews as an additional
safeguard is a most welcome development; however, it remains persuaded of the
importance, in the interests of the prevention of ill-treatment, of the
possibility for lawyers to be present during interviews. In this context, the
Committee has noted the information provided by the Irish authorities that the
Irish courts have not so far held that there is a right to have a lawyer
present during questioning. The Irish authorities are invited to give
further consideration to this issue, including as regards the legislative
measures which may be required in order to establish this right.

23. The delegation received a few allegations
to the effect that the police had not granted access to a doctor to
detained persons who attempted to exercise that right and of the police’s
failure to arrange for a medical examination of detained persons who alleged
ill-treatment or who bore injuries. The CPT has already recommended that police
officers be firmly reminded of their duties in this connection (cf. paragraph
17).

The CPT also wishes to recall that
the results of every medical examination, as well as any relevant statements by
the detainee and the doctor’s conclusions, should be recorded in writing by the
doctor and made available to the detainee and his lawyer (cf. CPT/Inf (95) 14,
paragraph 47). Having regard to the information gathered during the 2002 visit,
the CPT recommends that steps be taken to ensure that these requirements are
met.

24. In general, custody sheets, i.e. a single
and comprehensive custody record for each detained person (cf. CPT/Inf
(95) 14, paragraph 53), were being kept accurately.

However, at Cobh Garda Station,
records were incomplete (e.g. entries concerning information on rights and
required signatures had been omitted from many records).

25. As already indicated, electronic
(audio-video) recording of interrogations was being tested, at least for
more serious offences[6],
and major police establishments had already been fitted with the necessary
equipment. Preference was apparently given to taking persons detained in
respect of serious criminal offences to facilities where such equipment was
available. The Irish authorities have subsequently informed the CPT that the
system is now almost complete and that 117 police stations have been fitted out
and are fully operational.

The CPT welcomes these developments;
however, it has received somewhat contradictory information concerning the
range of offences to which the new recording requirements will apply and the
circumstances when recording might be omitted because it “is not possible or
desirable” to record an interrogation (cf. CPT/Inf (99) 15, paragraph 48). The
CPT would like to receive clarification concerning these issues.

26. Since the CPT’s previous visit to
Ireland, two sizeable new prisons have been brought into service: Cloverhill
and Midlands Prisons. There are plans to create a further 700 prison places in
the near future[7].

Another development concerns
progress being made towards the adoption of new Prison Rules. The CPT was
pleased to learn that this protracted process (cf., inter alia, CPT/Inf (99)
15, paragraph 31) is expected to bear fruit shortly; the Government’s proposal
has been approved and is now being considered by officials in the Attorney
General’s Office. The Committee recommends that the Irish authorities
persevere in their efforts to adopt new Prison Rules at the earliest
opportunity.

27. During the 2002 visit, the CPT’s
delegation visited the new male remand establishment in Dublin, Cloverhill
Prison, and carried out follow-up visits to Cork Prison and Mountjoy Prison
(including the Dóchas Centre for Women).[8]

28. Cloverhill Prison is located in
Clondalkin, on the outskirts of Dublin, adjacent to Wheatfield Detention
Centre. This modern prison has been built to John Haviland’s (Pennsylvania)
radial design, which gives an impression of space and airiness. Cloverhill
began receiving prisoners in 1999 and became fully operational in 2000. The
prison has an official capacity of 460 and, on the first day of the visit, was
holding 417 inmates; the vast majority were untried prisoners, including a few
immigration detainees.

29. Cork Prison is a former military
detention centre which started operating as a prison in 1972; the
establishment’s main building dates back to 1806. It has an official capacity
of 150 (on the basis of single cell occupancy) and, at the time of the visit,
was holding 276 male prisoners, 30 of whom were untried. It is envisaged to
expand the prison’s capacity within 3 to 4 years.

30. The general characteristics of Mountjoy
Prison have been described in previous visit reports (cf., inter alia,
CPT/Inf (99) 15, paragraph 34).

The Prison for Men has an official
capacity of 670. However, one wing had been closed for some time awaiting a
decision concerning the upgrading of the establishment or the redevelopment of
the Mountjoy complex as a whole[9].
The delegation was told that, in view of the unused wing, the prison for men
had a maximum uncrowded capacity of 440; at the time of the visit, it was
holding 424 prisoners (as compared to 582 in 1993 and 676 in 1998).

Mountjoy’s new section for women,
the Dóchas Centre, entered into service in 1999. According to written
information provided to the delegation, it has an official capacity of 77
(calculated on the basis of single cell occupancy) and, at the time of the
visit, was accommodating 93 inmates; approximately one third were untried
prisoners and two were immigration detainees.

31. Many of the inmates interviewed by the
delegation indicated that they had reasonably good and constructive relations
with most of the prison staff.

However, in all three prisons
visited, the delegation heard complaints of verbal abuse. In Dublin, it
also heard some allegations of physical ill-treatment (kicks, slaps and
rough treatment) of prisoners by staff, frequently relating to placements in
the padded cells - in Cloverhill Prison - orcell searches - in Mountjoy
Prison for Men.

32. By way of example, one person interviewed
at Cloverhill Prison claimed that, shortly before the visit, prison officers
had pushed him roughly backwards into his cell and that he had fallen against
the frame of a bed. The delegation’s doctor found that he displayed a recent 7
x 0.2 cm vertical excoriation on the right shoulder-blade area and a similar 5
cm longitudinal excoriation on the right elbow, lesions which are consistent
with his allegation.

33. The CPT has also been put in possession
of extensive documentation concerning the alleged assault of an inmate by
prison officers following a disturbance at Mountjoy Prison on 18 September
1999.

The prisoner (who was not met by the
delegation) apparently complained that he had been punched and kicked by prison
officers and, in particular, that “while his head was being held it was ‘kicked
like a football’.” Several officers declared that, while being carried under
restraint in a prone position some 30 to 40 cm from the ground, the prisoner in
question had been violently kicked twice in the face by another officer.
Following his transfer to hospital, he was diagnosed with “bilateral mandibular
fracture”.

The CPT understands that the failure
on the part of five prison officers who witnessed the assault to report it, or
their attempt to conceal the assault, tarnished their credibility as witnesses
in the ensuing criminal proceedings; it would appear that, as a result, the
officer charged with the assault was acquitted. Nonetheless, the Committee has
been informed that all six officers are facing disciplinary action.

34. In the report on its first visit to
Ireland, the CPT highlighted the importance of the Ministry of Justice and
prison governors delivering the clear message that ill-treatment of inmates is
not acceptable and will be dealt with severely (cf. CPT/Inf (95) 14, paragraph
72). In the light of the information gathered during the 2002 visit, the CPT
can only encourage the Irish authorities to continue to reiterate at regular
intervals the message that all forms of ill-treatment - including verbal abuse
- are not acceptable (cf. also the comments transmitted by the Irish
authorities by letter of 3 October 2002).

35. The CPT
recognises that prison staff will on occasion have to use force to control
violent and/or recalcitrant prisoners. However, the force used should be no
more than is strictly necessary and, once prisoners have been brought under
control, there can be no justification for striking them. The Committee
recommends that prison officers also be reminded of these precepts.

The CPT has
already stressed the importance of appropriate training in control and
restraint techniques (i.e. manual control) (cf. CPT/Inf (95) 14, paragraphs 75
and 76) and has welcomed that such training is now widely available to prison officers in Ireland (cf. CPT/Inf
(99) 15, paragraph 42). Indeed, control and restraint techniques will enable
staff to choose the most appropriate response when confronted with difficult
situations, thereby significantly reducing the risk of injuries to both
prisoners and staff. This, in turn, is likely to lead to a decrease in the
number of complaints of ill-treatment made by inmates.

The
importance of inter-personal communication skills in this context should not be
underestimated. Such skills will often permit prison officers to defuse
situations which could otherwise become violent, and will help to reduce
tensions and improve the quality of life in the prison concerned, to the
benefit of all. The CPT notes with some concern that existing problems as
regards the provision of ongoing training to prison officers - particularly in
inter-personal communication skills - have not yet been resolved (cf. CPT/Inf
(99) 15, paragraph 44, and CPT/Inf (99) 16, pages 48 and 49). The Irish
authorities have a responsibility to ensure that their decision in principle to
develop training in interpersonal communication skills is effectively
translated into practice; the CPT recommends that those authorities redouble
their efforts to overcome the enduring impasse in this area.

36. The delegation formed the impression that
senior management were determined to take appropriate action when allegations
of ill-treatment of inmates by staff came to their attention. Complaints were
investigated at internal level and prisoners were given the opportunity also to
complain to outside bodies, in particular to the police; the prisons’
management often referred complaints directly to the Garda Síochána for
investigation. The CPT welcomes this approach; the diligent examination of
complaints of ill-treatment and, where evidence of wrongdoing emerges, the imposition
of appropriate disciplinary and/or criminal penalties will have a considerable
deterrent effect (cf. CPT/Inf (95) 14, paragraph 72).

However, in
all of the establishments visited, prisoners appeared to have very little
confidence in the complaints system. The delegation found that, notwithstanding
the allegations of ill-treatment received by it, very few prisoners actually
filed a complaint. Moreover, the records examined at Mountjoy Prison showed
that inmates who did complain of having been physically ill-treated often
subsequently withdrew those complaints.

The CPT
agrees with the Irish authorities that staff is entitled to protection from
vexatious accusations (cf. CPT/Inf (99) 16, page 41); however, complaints
procedures should offer appropriate guarantees of independence and
impartiality, and persons who may have been ill-treated should not be
discouraged from pursuing a complaint (cf. also paragraphs 73 and 74).

37. The CPT
would like to receive the following information in respect of 2001 and 2002:

- the number
of complaints lodged concerning ill-treatment by prison officers and the number
of disciplinary and/or criminal proceedings initiated as a result of those
complaints;

- an account
of those complaints and the outcome of the proceedings (allegations, brief
description of the findings of the relevant court or body, verdict,
sentence/sanction imposed).

The CPT would also like to be informed in
due course of the outcome of the disciplinary action taken in connection with
the case referred to in paragraph 33.

38. The use of padded cells for the
management of persons in need of psychiatric care and, more particularly, of
in-patient hospital treatment, is a source of great concern.

The CPT’s delegation found that, at
Cork and Mountjoy Prisons, and to a lesser extent at Cloverhill, prisoners in
need of psychiatric care were frequently placed in unfurnished padded - or
so-called cladded - cells (e.g. following their discharge from, or awaiting
transfer to, the Central Mental Hospital). In general, the cells had poor
lighting and were dirty. The persons concerned were provided with disposable
chamber pots and with a mattress and blankets; however, the latter were often
filthy. It would appear that on occasion the prisoners were left naked or in
their underwear. In most cases, the persons concerned remained in the padded
cells throughout the day.

Prison staff verified regularly
(every 15 minutes) the state of the persons concerned and a doctor, often a
psychiatrist, visited them daily. Some of them continued to receive drugs
previously prescribed to them, but others received no pharmacological
treatment; it was explained to the delegation that, because of their condition,
they were not deemed capable of giving consent to treatment and that treatment
without consent could only be dispensed in hospital. As a result of the
difficulties in securing transfer to a suitable establishment (cf. CPT/Inf (99)
15, paragraphs 75, 76 and 119), persons in need of in-patient psychiatric
treatment remained in a padded cell for days and, on occasion, for longer
periods (e.g. up to a few weeks).

The practice observed in the prisons
visited will frequently contribute to the deterioration of the mental state of
the prisoners concerned and can therefore only be described as
anti-therapeutic.

In the CPT’s opinion, the treatment
described above could well be characterised as inhuman and degrading.

39. In pursuance of Article 8, paragraph 5,
of the Convention, at the end of the visit, the delegation requested that the
Irish authorities take immediate steps to bring to an end the practice of
holding mentally ill patients in padded cells in prison and to ensure their
transfer, without delay, to an establishment capable of offering them the
treatment required by their condition.

By letter of 6 August 2002, the
Irish authorities informed the CPT of their undertaking to the effect that “no
mentally ill prisoner who is awaiting transfer to the Central Mental Hospital
will be held in a padded cell in prison, unless this is unavoidably necessary
as an immediate and time-limited measure” and that instructions had been given
to create special observation cells in prisons, and more particularly at
Mountjoy and Cork Prisons, for the holding of mentally ill prisoners awaiting
such transfers. Further, steps were being taken to “eliminate delays in the
provision of in-patient psychiatric care to mentally ill prisoners”.

The CPT welcomes the steps being
taken by the Irish authorities in this connection; it looks forward to
receiving information on further developments concerning this subject.

40. The CPT’s mandate is not limited to the
prevention of ill-treatment inflicted by prison staff. The Committee is also
very concerned when it discovers a culture which is conducive to inter-prisoner
intimidation and violence.

In all of the establishments
visited, the CPT’s delegation heard accounts of inter-prisoner violence and/or
bullying. As regards more particularly Cloverhill Prison, health-care staff
indicated that they frequently had to treat prisoners for injuries following
assaults by, or altercations with, fellow inmates.

The CPT wishes to emphasise that the
duty of care which is owed by the prison authorities to prisoners in their
charge includes the responsibility to protect them from other prisoners who
might wish to cause them harm. Addressing the phenomenon of inter-prisoner
violence requires that prison staff be alert to signs of trouble, and both
determined and properly trained to intervene when necessary. The existence of
positive relations between staff and prisoners, based on the notions of secure
custody and care, is a decisive factor in this context.

The
CPT would like to receive information on strategies developed with a view to
addressing the problem of inter-prisoner violence in the Irish prison system.

41. Mountjoy’s
section for women, the Dóchas Centre, provided very good material
conditions of detention to the vast majority of inmates. Prisoner accommodation
consisted of single cells measuring about 13.5 m² or more; all cells had good
lighting (including natural light) and ventilation, had a fully-partitioned
sanitary annexe and were adequately furnished; the larger cells’ sanitary facilities
included a shower. The premises were in a good state of repair and impeccably
clean.

However, at
the time of the visit, the establishment was operating above its capacity, and
a score of inmates were being accommodated in rooms in the infirmary, many of
them sleeping on mattresses placed directly on the floor. The delegation was
told that, on occasion, for want of space, newly-arrived prisoners had also
been accommodated in padded cells. The CPT would like to receive information
on the measures taken to ensure that all prisoners at the Dóchas Centre are
provided with appropriate accommodation.

42. Cloverhill
Prison is also capable of offering good living conditions to inmates. Cells
had good lighting and ventilation, were equipped with a washbasin and a
semi-partitioned lavatory, and were furnished with beds, table and
stools/chairs. They were clean and in a good state of repair. It is also to be
welcomed that certain cells were designated as non-smoking.

Single
occupancy cells were of an adequate size (9.5 m²). However, the larger cells in
the prison (measuring approximately 11 m²) were being used to hold up to three
inmates; efforts should be made to limit their occupancy to two prisoners
(cf. CPT/Inf (99) 15, paragraph 61). Further, the CPT recommends that the
partitioning of in-cell lavatories be improved.

43. The decrease
in the inmate population at Mountjoy Prison for Men had considerably
improved the situation in the establishment as compared to that observed during
previous visits. However, many prisoners continued to be accommodated two to a
9.5 m² cell designed for single occupancy.

Further, in
the absence of a final decision in respect of the upgrading of the
establishment or the redevelopment of the Mountjoy complex, the “rolling
programme” of refurbishment and modernisation which should have commenced in
mid-1999 (cf. CPT/Inf (99) 15, paragraph 48) had not been implemented and
little other work had been carried out in the establishment. The premises were
in a poor state of repair and in-cell sanitation was still not available in
most parts of the prison. The CPT recommends that a decision concerning the
future of Mountjoy be taken at the earliest opportunity.

44. The situation
at Cork Prison was mostly unchanged, or had deteriorated, as compared to
that observed at the time of the 1993 visit (cf. CPT/Inf (95) 14, paragraph
92). Inmate accommodation consisted principally of cells designed for single
occupancy, measuring 7.5 or 9 m²; however, the vast majority of prisoners were
being held two to a cell. The cells used to hold newly arrived inmates, for up
to two weeks, also offered only cramped accommodation (6 persons in 21 m²
cells designed for 3 persons). Further, most cells benefited from very little
natural light and had poor artificial lighting, the overall state of repair of
the establishment left a lot to be desired, and cells were not equipped with
lavatories.

The CPT
recommends that the 7.5 m² cells cease to be used to accommodate more than one
prisoner and that the 21 m² cells accommodate no more than four persons.

Efforts
should also be made to avoid as far as possible placing two prisoners in the
9 m² cells. Further, the Committee recommends that Cork Prison be
kept in an appropriate state of repair.

45. In the report
on its 1993 visit (cf. CPT/Inf (95) 14, paragraphs 100 and 101), the CPT made
clear that it strongly disapproves of the practice of requiring prisoners to
use chamber pots or buckets and of the ensuing slopping out process. In
their response, the Irish authorities indicated that they were striving to
eradicate this practice but anticipated that it might take seven to eight years
to achieve it (cf. CPT/Inf (95) 15, page 72).

Although at
the time of the 2002 visit most parts of Cork and Mountjoy Prisons were not
equipped with integral sanitation, efforts were being made to provide inmates
with access to a lavatory in decent conditions for most of the day (i.e.
between 8 am and 10 pm). However, the delegation heard some complaints that
prisoners were seldom released from their cells in order to go to the lavatory
after 8 pm. Consequently, prisoners in those establishments were often obliged
to rely on buckets or chamber pots, including in shared cells; slopping out
continued to be a regular feature of the morning routine. It might be added
that complaints were heard that eating utensils had to be cleaned in the same
place as buckets or chamber pots.

The CPT
recommends that the Irish authorities vigorously pursue their efforts to
provide prisoners with better access to proper sanitary facilities. The
Committee would recall that, in its view, either a toilet facility should be
located within cellular accommodation (preferably in a sanitary annexe) or
means should exist enabling prisoners who need to use a lavatory to be released
from their cells without undue delay at all times (including at night).

46. The programme
of activities at the Dóchas Centre was well developed. Inmates were
offered a wide range of educational/training activities (e.g. cooking, sewing,
hairdressing, industrial cleaning, computer studies) and some work (e.g.
cleaning duties). The centre’s library, sports and computer facilities were
also of a high standard. The vast majority of the women held at the Dóchas
Centre at the time of the visit spent a significant part of the day outside
their cells engaged in motivating activities.

Mountjoy
Prison for Men was providing work to about 200 (of the 424) prisoners
(cleaning and kitchen duties, workshops), and a further 160 participated in
educational activities; prisoners also had access to the library, were offered
some cultural activities and could use sports facilities. The delegation was
told that the obstacle to broadening the range of activities and increasing the
number of inmates involved in them was related to a lack of space and premises
rather than other resources (e.g. staff or financial resources).

47. According to
the information provided to the delegation, at Cork Prison, some 100
prisoners (out of 276) were being offered work in the prison’s general
services, kitchen and workshops (joinery, clothes manufacture). In addition, a
considerable number of prisoners participated in educational activities.
However, it appeared that these activities only occupied a small part of the
day. Prisoners also had access to computer rooms and to sports facilities.

48. The operation
of the “Connect Project” is particularly praiseworthy. It consists of a 14-week
course aimed at preparing inmates for life in the community, through training
in personal discipline, confidence building, stress management, communication
skills, job seeking and interview skills, decision making and healthy
lifestyle. However, at the time of the visit, only a few prisoners benefited
from this training (12 men and 5 women at Mountjoy and about 8 prisoners at
Cork). The CPT encourages the Irish authorities to increase the number of
places available on the project.

49. By contrast,
at Cloverhill Prison, a mere 87 prisoners (out of 417) were being offered
work, mostly cleaning duties; certain of the 16 inmates employed in the kitchen
were receiving training leading to an officially recognised qualification. At
the time of the visit, no other organised activities were being offered to
inmates, although the delegation was informed of plans to build facilities for
educational activities. The majority of prisoners at Cloverhill spent their
time talking to other inmates or playing games (snooker, etc.), and reading or
watching television in their cells; in short, they were left to their own
devices for weeks and on occasion for months on end.

50. The CPT
welcomes the efforts being made by the Irish authorities to develop the
programmes of activities for prisoners. However, with the exception of the
Dóchas Centre, a significant number of prisoners in all the establishments
visited were still not being offered a regime worthy of the name; the regime
provided at Cloverhill Prison was particularly underdeveloped. It should be stressed that the provision of appropriate work
to sentenced prisoners is a fundamental part of a constructive regime capable
of having a rehabilitative effect. Further, in the interest of their
psychological well-being, remand prisoners should as far as possible also be
offered work.

The CPT recommends that efforts to develop the programmes
of activities for prisoners be redoubled. As already indicated in the
report on the 1998 visit (cf. CPT/Inf (99) 15, paragraph 62), the aim should
be to ensure that all prisoners, whether on remand or sentenced, spend 8 hours
or more outside their cells engaged in purposeful activities of a varied nature
(work, preferably with vocational value; education; sport;
recreation/association).

51. A prison health-care service should be
able to provide nursing care and medical and psychiatric treatment, as well as
appropriate diets, physiotherapy, rehabilitation or any other necessary special
facility, in conditions comparable to those enjoyed by patients in the outside
community.

52. During its previous visits, the CPT
observed important shortcomings as regards the health-care services of the
prisons visited (cf. CPT/Inf (95) 14, paragraphs 114 to 136, and CPT/Inf (99)
15, paragraphs 64 to 77). The delegation which carried out the 2002 visit found
improvements in certain areas (e.g. an increased number of prison doctors,
recruitment of qualified nurses, medical screening of all prisoners on arrival,
access to drug substitution treatment). However, further action is required in
order to meet the objective of equivalence of care.

In this
connection, the CPT has taken note of the comprehensive report drawn up by the
group established by the Minister for Justice, Equality and Law Reform in
November 1999 to review the structure and organisation of prison health-care
services. It sets out a large number of specific recommendations for further
improving prison health-care services. The Committee would like to be
informed of the authorities’ intentions with respect to implementation of the
group’s recommendations, as well as the timeframe therefor.

53. The CPT is pleased to
note that prisoners were being medically examined promptly upon arrival in all
of the establishments visited.

54. Medical confidentiality
should be respected in prison in the same way as in the outside community. This
requirement was being complied with in the prisons visited in respect of
medical files and records. However, at Cork and Mountjoy Prisons, complaints
were heard to the effect that medical consultations took place in the presence
of prison officers.

The CPT recommends that
steps be taken to ensure that all medical examinations of prisoners (whether on
arrival or at a later stage) are conducted out of the hearing and - unless the
doctor concerned requests otherwise in a particular case - out of the sight of
prison officers.

55. In 1993 and
1998, the CPT found that staffing levels in the health-care services of
the prisons visited left something to be desired in terms of both doctors and
qualified nurses. The Irish authorities recognised these shortcomings and
informed the CPT of measures being taken to remedy them (cf. inter alia CPT/Inf
(99) 15, paragraphs 64 to 66, and CPT/Inf (99) 16, page 65).

56. As regards
the prisons visited in 2002, at the Dόchas Centre there was one
doctor working half-time, and a prison officer was working as a medical
orderly. Such a staffing level is not sufficient; an establishment holding
almost one hundred female prisoners should have at least a full-time qualified
nurse in addition to the existing staff complement.

At Cloverhill
Prison, there was the equivalent of 1.7 full-time general practitioners and
14 full-time qualified nurses; one nursing post was vacant. This staffing level
is in principle adequate for the establishment.

The CPT’s
recommendation to increase doctors’ presence at Mountjoy Prison for Men
to at least the equivalent of one full-time doctor had not yet been
implemented. At the time of the visit, two general practitioners provided the
equivalent of 0.5 full-time doctor. This is not sufficient for over 400
prisoners. As regards nursing staff - three nurses and 25 medical orderlies -
this can be considered as adequate.

At Cork
Prison, a general practitioner visited most weekdays. However, the delegation
found that the doctor spent very little time within the establishment’s
premises (an average of approximately five hours per week over the two months
prior to the visit). Further, there were eight medical orderlies but no
qualified nurses (cf. CPT/Inf (95) 14, paragraph 120). Such health-care
resources are not sufficient to provide adequate health care to 276 prisoners.
It is noteworthy in this connection that many inmates at Cork Prison made
complaints about access to, and the quality of, health care.

All
establishments had access to external specialist treatment and, at the
Dόchas Centre, also to ante- and post- natal care.

57. The increase
in the number of prison doctors and the shift towards employing more qualified
nurses in prison are to be welcomed. However, the CPT must reiterate its
recommendation that Mountjoy Prison for Men benefit from the equivalent of a
full-time doctor. Further, urgent action is needed to significantly
increase the presence of the doctor in Cork Prison.

The CPT
also recommends that at least one full-time qualified nurse be assigned to the Dόchas
Centre and that the health-care team at Cork Prison be reinforced by qualified
nursing staff.

58. As had been
the case at the time of previous visits, health-care facilities were on
the whole found to be satisfactory. However, at Mountjoy they were rather
cramped and their state of cleanliness left something to be desired.

59. Complaints were heard in all of the
establishments visited about significant delays in access to dental care.
More particularly, at Cloverhill, such complaints were supported by nursing
staff who indicated that they frequently had to give painkillers to inmates
awaiting treatment for dental problems; the presence of a dentist for three
half-days per week was clearly insufficient. The CPT recommends that the
authorities take steps to reinforce dental-care services in Irish prisons.

60. The task of the health-care service in any
place of detention should not be limited to treating sick patients; it should
also be entrusted with responsibility for preventive medicine. It is
widely recognised that persons deprived of their liberty have a tendency to
engage in risk-taking behaviour, especially with respect to drugs (including
alcohol) and sex. In consequence, the provision of health education relevant to
persons deprived of their liberty is an important element of a preventive
health care programme. Such a programme should, in particular, include the
provision of information about the risks of drug abuse and about transmissible
diseases.

Information leaflets on general
health issues (including drug misuse) were available to inmates (and staff) at
Cloverhill; the CPT recommends that this practice be extended to other
prisons.

61. Reference has already been made to the
lengthy delays in securing places for mentally ill prisoners at suitable
establishments (in practice at the Central Mental Hospital) and to the Irish
authorities’ commitment to resolve this situation (cf. paragraphs 38 and 39).

62. As regards in-house psychiatric and
psychological care, the delegation observed an increase in psychiatrists’ input
at Mountjoy Prison for Men in line with the CPT’s recommendations (cf. CPT/Inf
(99) 15, paragraph 74). At the time of the 2002 visit, the establishment was
visited daily by psychiatrists from the Central Mental Hospital. A similar
arrangement provided sufficient in-house psychiatric care at the Dόchas
Centre and at Cloverhill Prison (which were visited by a psychiatrist two and
three times per week, respectively). However, the presence of a qualified
psychiatric nurse during the day in the medical unit (D2) at Cloverhill would
be desirable.

At
Cork, a psychiatrist visited the prison three times per week and could be
called at other times if needed. Two medical orderlies had received psychiatric
training. In the same way as in respect of the general practitioner, the
delegation’s doctors gained the impression that the psychiatrist’s attendance
was not sufficient to meet the demands of the prison’s population, especially
given the particular difficulty of securing the admission of prisoners from
Cork to the Central Mental Hospital. Further, qualified psychiatric nurses
could usefully be employed at the establishment.

The CPT
recommends that the psychiatric services in Cork Prison be strengthened, in the
light of the above remarks.

63. It might be
added that, in all of the establishments visited, psychological support was
very limited, and at Cloverhill non-existent. Such a situation will inevitably
strain the prison’s in-house psychiatric services. The CPT recommends that
the psychological services of the prisons visited be developed.

64. Prison health-care services can make a
significant contribution to the prevention of ill-treatment of detained
persons, through the systematic recording of injuries and, when appropriate,
the provision of general information to the relevant authorities.

The
information gathered during the 2002 visit to Ireland indicates that the records
made by prison doctors of injuries displayed by prisoners, including at the
time of their admission to prison, were often imprecise; further, the
statements of the prisoners concerned were very seldom noted down.

65. In
this connection, the CPT considers that the record drawn up following a medical
examination of a newly admitted prisoner should contain:

i)an account of statements made by the person
concerned which are relevant to the medical examination (including his
description of his state of health and any allegations of ill-treatment),

ii)an account of objective medical findings based on a
thorough examination, and

iii)the doctor’s conclusions in the light of i) and
ii).

The
CPT recommends that steps be taken to ensure that practice in Ireland is
brought into line with the above considerations. Further, the
result of the medical examination referred to above should be made available to
the prisoner concerned. The same approach should be followed whenever a
prisoner is medically examined following a violent episode in prison.

66. The presence in prisons of many inmates
with drug-related problems gives rise to particular difficulties for prison
authorities, including as regards the choice of appropriate medical and
psychological services to be offered. The CPT considers that such services
should be varied, combining medical detoxification, psychological support, life
skills, and rehabilitation and substitution programmes for opiate-dependent
patients who cannot discontinue taking drugs. Further, they should be
associated with a prevention policy.

It is also important to provide
staff (prison officers of all grades, as well as other staff, e.g. teachers,
health assistants) with information and training concerning drug dependence and
drug misuse.

67. The recent introduction of methadone
substitution programmes in five prisons (including Cloverhill and Mountjoy) is
a positive development. In Cloverhill and Mountjoy Prisons, about a third of
the inmates were being treated with methadone; at the latter establishment, a
general practitioner responsible for a local drug clinic attended the prison
once a week. Prisoners receiving substitution treatment were also offered the
possibility to follow a 21-day detoxification programme.

However, the information gathered
during the visit shows that much remains to be done on other fronts. In
particular, substitution programmes were not accompanied by adequate medical
care/supervision, and inmates with drug problems were not being offered
psychological support or other counselling. Further, none of the establishments
visited had in place preventive measures (e.g. provision of bleach and
information about how to sterilise needles) (cf. also CPT/Inf (99) 15,
paragraph 82).

68. The CPT recommends the development and
implementation of a comprehensive policy for the provision of care to prisoners
with drug-related problems. It also recommends that, in the context of
implementing such a policy, substitution treatment be introduced at the
earliest opportunity in the prisons not currently providing it.

69. A number of immigration detainees were
being held in prison, primarily at Cloverhill. Sometimes the detention period
could extend to several weeks.

In the CPT’s opinion, a prison is by
definition not a suitable place in which to detain someone who is neither
convicted nor suspected of a criminal offence. In those cases where it is
deemed necessary to deprive persons of their liberty for an extended period
under aliens legislation, they should be accommodated in centres specifically
designed for that purpose, offering material conditions and a regime
appropriate to their legal situation and staffed by suitably qualified personnel.

The CPT has noted the information
provided by the Irish authorities concerning immigration detainees. However,
the question of the material conditions and regime to be offered to persons
detained for extended periods (e.g. several weeks) under aliens legislation has
not been addressed.

The Committee recommends that the
current arrangements for accommodating immigration detainees be reviewed, in
the light of the foregoing remarks.

70. In previous visit reports, the CPT made a
number of recommendations regarding the procedural safeguards to be
offered to prisoners during disciplinary proceedings (cf. CPT/Inf (95) 14,
paragraph 148 and CPT/Inf (99) 15, paragraph 81). While at the time of the 2002
visit the situation was still unchanged, the delegation was informed that the
new Prison Rules currently under preparation (cf. paragraph 26) would provide
an up-to-date legal framework for disciplinary matters. The CPT recommends
that, having regard to its previously-made recommendations, the disciplinary
system be developed without further delay.

71. Segregation for disciplinary reasons
was not being applied at Cloverhill Prison or Mountjoy Prisons (including the
Dόchas Centre). On the other hand, the continued application of Article 69
(1) (d) of the 1947 Prison Rules (suspension of any of a prisoner’s privileges
for a period not exceeding two months) is a cause for concern. The delegation
found that this type of punishment was still widely used in its harshest form:
suspension of all privileges, in practice amounting to a placement in
solitary confinement, for the maximum period. As had been the case in 1993,
such prisoners were held in D Block at Cork Prison. The registers for 2002
showed that approximately half of the prisoners placed in that block were from
Cork Prison itself, the others having been transferred from other prisons in Ireland.

The CPT understands that the new
Prison Rules will not contain a provision equivalent to Article 69 (1) (d) of
the 1947 Prison Rules. The Committee recommends that, pending the adoption
of the new Prison Rules, the above-mentioned provision cease to be applied.

72. The delegation found that some
improvements had been made to the material conditions of the cells in D
Block at Cork Prison (now equipped with chair, table, bed and in-cell
sanitation), in line with the CPT’s recommendations (cf. CPT/Inf (95) 14,
paragraph 153). However, access to natural light in the ground floor cells
remained very poor. The CPT recommends that this shortcoming be remedied.

73. The complaints procedures
described in previous visit reports (cf. CPT/Inf (95) 14, paragraphs 156 and
157, and CPT/Inf (99) 15, paragraphs 77 to 79) remain basically unchanged. As
already indicated, prisoners appeared to have very little confidence in the
complaints system; the CPT has made clear in this connection that complaints
procedures should offer appropriate guarantees of independence and impartiality
(cf. paragraph 36). The Committee understands that such procedures will be
reviewed, including as regards the role and powers of visiting committees, in
the context of the adoption of new Prison Rules.

74. It might be added that the delegation
heard some complaints that prisoners’ correspondence with outside bodies and,
at Cork and Cloverhill Prisons, with their lawyers (cf. also CPT/Inf (95) 14,
paragraph 163) was subject to control by prison staff and that, as a
consequence, prisoners had misgivings about addressing their grievances to such
bodies. In this respect, the CPT has also noted that, despite instructions
given to the effect that prisoners may communicate on a confidential basis with
the CPT (cf. CPT/Inf (99) 15, paragraph 77), the Committee continues to receive
prisoners’ correspondence bearing the stamp “censored”. Further, the CPT is
concerned about complaints from prisoners who claim that they have written to
the Committee but whose letters have not reached it. The CPT would like to
receive the Irish authorities’ comments on these issues.

75. As regards inspection procedures,
the CPT wishes to emphasize once again the importance of regular visits to
prison establishments by an independent body with authority to receive - and,
if necessary, take action on - prisoners’ complaints and to inspect the
establishment’s premises. In this context, the CPT welcomes the recent
appointment of an Inspector of Prisons and Places of Detention. However, at the
time of the visit, that authority had neither a statutory framework nor the
resources needed to carry out inspectorate functions in a meaningful manner.
The CPT was subsequently informed that the Inspector has been provided with
office space and three support staff.

The CPT recommends that steps be
taken to ensure that the Inspector is placed in a position to fulfil his
functions in the most effective and independent manner.

76. The arrangements allowing prisoners to
maintain contact with the outside world were examined in the report on the
CPT’s 1993 visit to Ireland (cf. CPT/Inf (95) 14, paragraphs 158 to 165). The
most noteworthy development since then has been the introduction of telephones
into detention facilities; at present, each prisoner is entitled to a
six-minute call per day. This is a very welcome step.

77. At Cloverhill Prison and the Dόchas
Centre, the visiting facilities were satisfactory; the latter in particular
included a well-designed family-friendly visiting area and some prisoners were
allowed to receive visitors in their cells.

Following the 1993 visit, the CPT
recommended that the facilities at Mountjoy Prison for Men be
substantially improved and, in 1998, it was informed that existing temporary
visiting facilities would be replaced with a modern purpose-designed unit (cf.
CPT/Inf (95) 14, paragraph 159-160, and CPT/Inf (99) 15, paragraph 51). The
Committee would like to receive information on the current situation in this
respect.

At Cork Prison, visiting
arrangements remained unsatisfactory (cf. CPT/Inf (95) 15, paragraph 159). In
particular, the visiting facilities offered no privacy and became very noisy
when several prisoners received visits at the same time. In short, prisoners
and their visitors are not yet able to meet under conditions conducive to the
maintenance of positive relationships. The CPT reiterates its recommendation
that conditions in the visiting facilities at Cork Prison be improved.

78. The delegation carried out a follow-up
visit to the Central Mental Hospital, Dundrum, the only forensic psychiatric
hospital in Ireland. The hospital’s main features and organisation, as well as
the rules governing the admission of patients, were described in the report on
the CPT’s 1998 visit (cf. CPT/Inf (99) 15, paragraphs 94 et seq.).

At the time of the 2002 visit, the
84-bed hospital was caring for 77 patients (72 men and 5 women): 58 had been
admitted through the criminal justice system (31 remand and sentenced
prisoners, 22 guilty but insane, and 5 unfit to plead), and 19 were civil
patients (7 persons detained in a psychiatric hospital who had committed an
indictable offence, and 12 referred from other mental institutions for
treatment).

79. The CPT has noted with interest that new
legislation has been enacted, in particular the Mental Health Act 2001. The
CPT would like to receive confirmation that an automatic independent review of
every patient admitted on an involuntary basis to a psychiatric establishment,
including the Central Mental Hospital, is now provided for by legislation (cf.
CPT/Inf (99) 15, paragraph 118).

80. The delegation received no allegations of
ill-treatment from the patients it met with during the visit to the Central
Mental Hospital. However, the hospital’s management indicated that there were
ongoing investigations, including by the police, into recent allegations of
sexual abuse of female patients by a male care staff member and by a nurse, and
into the death of a patient while being restrained by staff in 2001. The Irish
authorities subsequently informed the Committee that, in one of the cases of
alleged sexual abuse, the police had referred the matter to the Director of
Public Prosecutions who had decided not to bring charges; an administrative
inquiry was still underway.

These matters underline the
importance of staff entrusted with the care of mentally ill patients being
carefully selected and possessing appropriate qualifications and training.
Further, they also highlight the need, in the interests of the prevention of
ill-treatment, for adequate supervision of staff.

The CPT would like to be informed in
due course of the results of the investigations referred to above.

81. In relation to the first allegations
referred to in paragraph 80, one of the two staff members concerned apparently
claimed that sexual contact had been consensual. In this connection, the CPT
wishes to make clear that, given the inherent vulnerability of persons deprived
of their liberty, there is no scope for consent in sexual contact between staff
and inmates; this is no less true where mental patients are concerned. Such
conduct on the part of staff should always be regarded as an abuse of their
authority.

82. As regards the second investigation
referred to in paragraph 80, in any psychiatric establishment, the restraint of
agitated and/or violent patients may on occasion be necessary. However, this is
an area of special concern to the CPT, given the potential for abuse and
ill-treatment.

All unit-based staff at the Central
Mental Hospital had received training in modern control and restraint
techniques and had been instructed that use of those techniques in managing
violent and unco-operative patients should be a measure of last resort. The CPT
welcomes this state of affairs. The Committee would like to receive
information on any additional measures taken as regards procedures for the
restraint of patients, in the light of the result of the above-mentioned
investigation.

83. As indicated in the report on the CPT’s
1998 visit (cf. CPT/Inf (99) 15, paragraphs 103), the aim in any psychiatric
establishment should be to offer material conditions which are conducive to the
treatment and welfare of patients. This involves providing sufficient living
space per patient as well as adequate lighting, heating and ventilation,
maintaining the establishment in a satisfactory state of repair and meeting
hospital hygiene requirements.

84. Conditions offered to patients
accommodated in the more modern units at the Central Mental Hospital remained
very good (cf. CPT/Inf (99) 15, paragraph 101), and some redecoration and
refurbishment work had been carried out in the other units (i.e. in the main
building).

However, in the last-mentioned
units, the rooms had only limited access to natural light (e.g., windows were
covered on the inside by shutters, apparently to prevent self-harm) and the
furniture (bed, locker, television) did not include chairs. Further, they had
not been equipped with integral sanitation and, at night, patients were required
to use disposable chamber pots. The sanitary facilities used by patients during
the day were very run down and offered little privacy. More generally, at the
time of the visit, the hospital as a whole was poorly heated.[10]

85. In short, the requirements set out in
paragraph 83 above are not fully met in the Central Mental Hospital’s main
building. In this connection, a Review Committee for the hospital, set up in
December 2000 by the East Coast Area Health Board, recommended the complete
renovation of that building and the construction of a new accommodation wing.
The CPT recommends that favourable consideration be given to the Review
Committee’s proposal (cf. also CPT/Inf (99) 15, paragraph 104).

Certain measures can - and should -
be taken to improve patients’ living conditions without waiting for the
complete renovation of the hospital’s main building: e.g., rooms can be
furnished with chairs; the shutters covering windows can be removed, and, if
necessary, windowpanes replaced by other transparent material; sanitary
facilities can be upgraded; and patients’ access to a lavatory at night can be
improved. The CPT recommends that action be taken accordingly. Further, consideration
should be given to installing a call system in patients’ rooms.

86. Since the previous visit, the number of
consultant psychiatrists had been increased to five (from two in 1998), and
there were also nine junior doctors. Further, in line with the CPT’s
recommendation (cf. CPT/Inf (99) 15, paragraph 98), the deployment of qualified
nurses had continued; the delegation was informed that departing care staff
were systematically replaced by fully qualified nurses.

However, due to recruitment
difficulties, five psychologist, five occupational therapist and 25 nursing
posts were vacant, as were four social worker posts. Further, working relations
between nurses and care staff apparently remained somewhat strained. In an
attempt to iron out difficulties, nursing and care staff had been entrusted
with the supervision of alternate shifts; this situation could have a negative
effect on the care provided to patients.

The CPT recommends that the Irish
authorities pursue their efforts to resolve staff-related problems at the
Central Mental Hospital and to fill all vacant posts.

87. During the 1998 visit, the CPT’s
delegation found no evidence of over-medication and noted the existence of
individual care plans for patients. It also observed that there were good
facilities for therapeutic activities for patients, and it welcomed plans to
develop further such activities (cf. CPT/Inf (99) 15, paragraph 99).

The 2002 visit confirmed most of
those positive findings. However, it also revealed that the plans to develop
therapeutic activities for patients had not yet matured, apparently due to a
lack of staff (cf. paragraph 86). Indeed, the number of patients who could
attend occupational therapy and benefit from other programmes was limited, and
the delegation observed that many patients spent their day unoccupied in the
common rooms. A patient survey carried out in June 2001 indicated that many
patients resented this state of enforced idleness[11].

The CPT recommends that further
efforts be made to provide a larger number of patients with a structured daily
programme of therapeutic and rehabilitative activities, based on their
individual needs and capacities.

88. Patients should, as a matter of
principle, be placed in a position to give their free and informed consent to
treatment. The admission of persons to a psychiatric establishment on an
involuntary basis should not be construed as authorising treatment without
their consent. It follows that every competent patient, whether voluntary or
involuntary, should be given the opportunity to refuse treatment or any other
medical intervention. Any derogation from this fundamental principle should be
based upon law and only relate to clearly and strictly defined exceptional
circumstances.

However, psychiatrists met during
the visit to the Central Mental Hospital stated that they did not need to seek
patients’ consent to treatment, arguing that their admission to the hospital
amounted in itself to an authorisation for involuntary treatment. The CPT
would like to receive clarification from the Irish authorities on this point.

89. The CPT has already
welcomed the comprehensive seclusion policy in place at the Central Mental
Hospital (cf. CPT/Inf (99) 15, paragraph 105); seclusion is regarded as a
medical intervention of last resort which must be authorised or confirmed by a
doctor and adequately recorded. In most cases, these requirements were being
complied with.

However, the CPT shares
the hospital management’s concern about the situation of one patient prone to
aggression and self-harm. The patient had been secluded in the padded cell for
some considerable time over the four months prior to the CPT’s visit. The
psychiatrists responsible for her treatment recognised that seclusion in a
padded cell had not improved significantly her condition and stated that, in
their opinion, it was no way to manage her conduct in the longer term; however,
they were at a loss as to an alternative solution. The CPT can only
encourage the Irish authorities to continue exploring other means of managing
such situations.

90. The delegation observed
that, on occasion, seclusion registers did not contain clear information about
the reasons for the measure. Further, on one occasion the reason noted for a
placement in the padded cell was “inadequate staffing […] making it difficult
to maintain a safe environment”.

The CPT recommends that
steps be taken to ensure that seclusion at the Central Mental Hospital is
always properly recorded and only has to be resorted to because of medical
considerations.

91. The delegation observed some improvement
in the seclusion rooms which had been criticised following the 1998 visit (cf.
CPT/Inf (99) 15, paragraph 106); the rooms and corridor had been painted in
warm colours and mattresses were being provided to patients held in them.
However, the rooms were rather small (5.8 m²) and bare, and continued to be
carceral in appearance. Further, the padded cell in Unit 4, which the CPT had
recommended be taken out of service, was still in use, unchanged.

The CPT reiterates its recommendations
that the seclusion facilities in Unit 1 of the Central Mental Hospital be
upgraded and that the padded cell in Unit 4 be taken out of service.

92. Persons with mental disabilities have, in
the past, been held in psychiatric institutions in Ireland. In more recent
times, such persons have been transferred to distinct facilities, or the
psychiatric hospitals’ units accommodating them have been re-designated as
non-psychiatric units.

The CPT also understands that
efforts are being made to relocate more autonomous persons with mental
disabilities to community-based facilities; this process is expected to be
completed by 2006. The Committee can only encourage these measures; it would
like to receive further information on this subject.

93. The CPT’s delegation visited three
establishments for mentally disabled persons: Grove House Intellectual
Disability Service in Cork, St Joseph’s Intellectual Disability Service in Portrane
and St Raphael’s Centre in Youghal.

Grove House occupies a former
residence for nurses on the grounds of St Mary’s Orthopaedic Hospital in Cork.
It has 32 beds and, at the time of the visit, was caring for 16 men and 14
women.

St Joseph’s is located within
the compound of St Ita’s Hospital in Portrane, in an attractive seaside setting
on Dublin Bay. In addition to its 19th century listed main building, it
includes several separate buildings used for accommodation. At the time of the
visit, it was caring for 146 men and 90 women.

St Raphael’s is situated in
extensive grounds on the coast in Youghal. It occupies an 18th century former
workhouse as well as several separate buildings. At the time of the visit, it
was caring for 103 men and 73 women, including 18 persons in community-based
accommodation. Funding has been provided for the development of a new
purpose-built 30-bed unit.

Residents’ ages in the
establishments visited ranged from 19 to 80 or older. Many of them had been in
institutional care for several decades (e.g. at St Raphael’s, 7 residents had
been in the institution for more than 50 years).

94. The CPT wishes to stress at the outset
that the delegation heard no allegations, and gathered no other evidence, of
ill-treatment of residents by staff in the establishments for mentally disabled
persons visited. The attitude of the staff working in close contact with
residents was found to be professional and caring, and staff spoke with
sensitivity about their work.

The CPT is nonetheless concerned by
the current absence of a clear legal or administrative framework for
involuntary admission to establishments for mentally disabled persons. Despite
often being severely mentally disabled, residents are generally regarded as
voluntary admissions. Persons are apparently admitted to such facilities by
decision of a general practitioner or upon referral from another mental health
establishment and it appears that there are no avenues to appeal against such
placements.

In the establishments visited, there
was little or no trace of the decision-making process concerning each resident.
Residents were examined by a psychiatrist shortly after admission, but there
were no formal review procedures as to the need for placement to continue, nor
any supervision by an independent (e.g. judicial) authority[12].

In this connection, the CPT has
noted that it is intended to develop national standards for residential
services for persons with disabilities. While welcoming this initiative, the
Committee recommends that the legal situation of persons placed in mental
disability facilities be reviewed as a matter of urgency and that action be
taken with a view to providing a comprehensive legal framework for such
institutions, offering an adequate range of safeguards to persons placed in
them.

95. Residents at Grove House were
accommodated in single and double rooms, furnished with beds, a cupboard or
chest of drawers, and a sink. The rooms remained open at night but were locked
during the day. There were two large day rooms, each including a dining area.
The premises were in a satisfactory state of repair, but communal areas were
rather impersonal and unwelcoming in appearance. The state of cleanliness also
left something to be desired.

The CPT invites the Irish
authorities to remedy the shortcomings referred to above. Further, the
Committee wishes to stress the importance of allowing patients, in appropriate
cases, to have access to their own rooms during the day.

96. At St Joseph’s, the detached
buildings (hostels and bungalows) provided a comfortable and homely
environment, and residents enjoyed a comparatively high degree of autonomy.
Other accommodation consisted mostly of dormitories for 5 to 20 residents, as
well as some single rooms. Efforts had been made to provide some privacy in the
dormitories by creating partitions with the residents’ cupboards and with
curtains, and the rooms were clean and in a good state of repair. The communal
areas were of a good standard.

97. The separate buildings (hostels) at St
Raphael’s also provided good living conditions for some residents. However,
most residents were accommodated in the main building in 18 to 24 - bed
dormitories. Furnished only with beds and a few cupboards, these dormitories
were impersonal in appearance and offered no privacy, and they were not large
enough for their occupancy levels; the Irish authorities are invited to
remedy these shortcomings.

On a more positive note, the
communal rooms, including a spacious and attractive dining hall, were in a
satisfactory state of repair and cleanliness.

It should be added that St Raphael’s
main building had no lifts and the staircases were steep and narrow, making it
difficult - and dangerous - for some of the residents to reach the upper floor.

98. In all three establishments, sanitary
facilities were adequate, including special equipment for persons with limited
mobility; residents had ready access to them at all times.

99. The CPT wishes to acknowledge the efforts
being made, particularly at St Joseph’s and St Raphael’s, to provide a decent
living environment to residents. However, it will be well-nigh impossible to
offer satisfactory conditions in facilities which have not been purpose-built
or adequately renovated to modern standards. Further, large-capacity
dormitories are far from ideal for mentally disabled (or mentally ill) persons.
Provision of accommodation structures based on small groups is a crucial factor
in preserving/restoring residents’ dignity, and also a key element of any
policy for their psychological and social rehabilitation. Structures of this
type also facilitate the classification of residents to relevant categories for
therapeutic purposes.

The CPT recommends that these
considerations be borne in mind when formulating future policies concerning
mental disability services, and that large dormitories be gradually replaced by
smaller units.

100. Staff in establishments for mentally
disabled persons should be adequate in terms of numbers, categories
(psychiatrists, general practitioners, nurses, psychologists, occupational
therapists, etc.), and experience and training. Deficiencies in staff
resources will often seriously undermine efforts to offer activities or
provide satisfactory care.

101. A psychiatrist
attended Grove House once a week and could be called at other times;
further, a general practitioner also visited the establishment when necessary.
However, there was no psychologist and the total complement of 27 nurses and 2
auxiliary staff was barely sufficient to meet residents’ needs. As for the post
of occupational therapist, it had been vacant for three years.

At St
Joseph’s, there were four full-time psychiatrists, which is in principle
sufficient for an establishment of its characteristics and capacity. However,
once again, there were no psychologists. Further, although a general
practitioner visited the establishment on a daily basis, it appeared that his
presence was not sufficient to provide adequate somatic care to the residents.
Moreover, although the official nursing (310) and auxiliary staff (246.5)
complement appeared to be sufficient, at the time of the visit 55 nursing posts
and 21 auxiliary staff posts were vacant, as was that of occupational
therapist.

The
presence of psychiatrists at St Raphael’s (up to four half-days per
week) was manifestly insufficient for the number and the profile of the
residents involved. That said, unlike the other establishments visited, there
was a part-time psychologist. The general practitioner post was being
advertised at the time of the visit and, in the interim, there was an on-call
medical service; given the number of residents, a general practitioner should
visit the establishment on a daily basis. The overall number of nurses appeared
to be satisfactory; however, night-time cover (e.g. in some units only one
nurse and one care staff member) was low, in particular in units accommodating
very demanding residents. As was the case for the other two establishments
visited, St Raphael’s post of occupational therapist was vacant.

102. As regards activities, Grove
House had a well-equipped building for music and other therapeutic
activities. Residents also participated in cleaning, cooking and other domestic
duties. The CPT welcomes the fact that all residents had direct access to the
garden during the day, and that they were also offered some organised leisure
and sports activities.

Residents
at St Joseph’s could participate in a number of therapeutic activities,
as well as educational activities (e.g. computer and domestic skills, cookery,
Montessori teaching). There was an industrial workshop providing work to the
more able residents, and residents could participate in organised outings and
sports activities.

At St
Raphael’s, residents were offered various therapeutic activities, including
music therapy, as well as outings and other organised leisure activities.
Further, work (removing wool from spinners, assembling glue sets) was provided
in a large building to residents able to participate; during the delegation’s
visit on a weekday morning the place was a veritable hive of activity. However,
not all residents had access to the outdoor facilities on a daily basis,
apparently because of their reduced mobility.

103. To sum up,
staff in the three establishments were striving to provide the best care
possible to the residents in their charge. However, their efforts were, to some
extent, being undermined by staff shortages. This was the case, for example, as
regards occupational therapy; there was also a need for speech therapy and
physiotherapy (particularly for residents with limited mobility and for the more elderly residents). Physically disabled
residents should also, to the extent possible, be provided with appropriate
assistance so that they can benefit from access to outdoor facilities.

The Irish
authorities have acknowledged these problems, due, in part, to shortages in
certain professional categories in the labour market. The CPT has been informed
that this matter is being addressed in co-operation with the Department of
Education and Science and the Higher Education Authority.

The
psychology services at the three establishments were particularly
underdeveloped. At Grove House and St Raphael’s, residents had not, or not
recently, been psychologically evaluated. Further, it appeared that, in the
absence of appropriate testing, some residents were assumed to be suffering
from learning disabilities; the delegation’s psychiatrists were concerned to
find a person who appeared to have been wrongly categorised in this respect.
Such a state of affairs is even more disquieting given the (informal) admission
procedures in operation and the apparent absence of basic safeguards (cf.
paragraph 94).

Further,
there was also a high prevalence of psychiatric illness in the establishments
visited and the majority of residents were being treated with psychoactive
medication; certain residents would benefit from enhanced psychiatric services,
on occasion extending to admission to an appropriate hospital/institution.

It should nevertheless be added
that, in all three establishments, the delegation found no signs of
overmedication, medical records were detailed, precise and easily readable, and
medical confidentiality was being respected.

104. The CPT recommends that the Irish
authorities review staffing levels in the three institutions visited, in the
light of the above remarks.

Further,
it recommends that an individualised assessment of residents in establishments
for mentally disabled persons be carried out, with a view to ensuring that they
receive the treatment they require or are transferred to a more appropriate
establishment.

105. At the time of the visit, the only
seclusion room at Grove House was being used as a soft play room. Comprehensive
seclusion policies were in place at St Joseph’s and St Raphael’s. At St
Joseph’s, seclusion in two padded rooms for up to 45 minutes at a time was used
to help residents calm down; the two soft seclusion rooms at St Raphael’s were
also used occasionally, for short periods of time. Staff stressed that such
measures were used as a last resort; this was borne out by the carefully kept
registers.

Soft restraints (ribbons) were on
occasion used at St Raphael’s and, at St Joseph’s, one resident was regularly
restrained in a soft straitjacket for 10 to 15 minutes at a time to prevent
self-injury; all such episodes were authorised by a doctor and carefully noted.

In short, the information gathered
by the delegation does not give rise to concern as regards the use of seclusion
and means of physical restraint in the three establishments visited.

106. Under the Children Act 2001, which is being
phased in, children aged 12 or over are criminally responsible. Nonetheless,
the Act lays down the principle that a custodial sentence for children should
be a measure of last resort. It also divides responsibility for children deprived
of their liberty between the Department of Education and Science (children up
to 16 years of age detained in the context of criminal proceedings), the
Department of Justice, Equality and Law Reform (those aged 16 and over), and
the Department of Health and Children (measures falling outside the criminal
justice system).

At present, children aged 12 to 17
who have been convicted of an offence punishable in the case of an adult by
imprisonment may be committed to a reformatory school for two to four years;
detention in such a facility may continue until the young person reaches the
age of 19[13].

107. The CPT’s delegation received information
to the effect that police cells are from time to time designated as places of
detention for children, for want of places in specialised establishments. The
CPT would like to stress that, even if material conditions of detention are
good, police cells are not appropriate places for holding children for an
extended period of time.

Further, the CPT has learnt that
consideration is being given to creating a new prison unit for 14 and 15 year
old children in St Patrick’s Institution. Such an initiative would raise a
number of issues. The CPT would like to stress that children deprived of their
liberty because they are accused or convicted of criminal offences ought to be
held in detention centres specifically designed for persons of their age,
offering regimes tailored to their needs and staffed by persons trained in
dealing with young persons; particular vigilance is required to ensure that the
physical and mental well-being of detained children is adequately protected.

In this context, the CPT has noted
that the opening of the above-mentioned unit is intended only as a short-term
measure pending an increase in the availability of places in the Department of
Education and Science’s detention facilities. Moreover, the Minister for
Education and Science indicated that the opening of a detention unit for
children aged 14 to 15 at St Patrick’s Institution would only be authorised if
the Ministry of Education’s standards for establishments for children were
fully met. The CPT welcomes this approach and would like to receive further
information on this subject.

108. The CPT’s delegation visited Trinity
House School, in Lusk, the only secure detention facility operated by the
Ministry of Education and Science. It is meant to accommodate children for whom
no alternative to custody or alternative form of detention are deemed
appropriate. Trinity House School has a capacity of 27 and, at the time of the
visit, was holding 26 boys aged 14 to 16.

109. It should be noted at the outset that the
CPT’s delegation heard no allegations, and gathered no other evidence, of
ill-treatment of children by staff at Trinity House School.

It might be added that staff
appeared to be motivated and well equipped to work with children deprived of
their liberty. They were expected to rely on communication rather than
discipline in their dealings with children; staff treated children in a respectful
manner, with the declared aim of preserving their dignity and sense of personal
identity and enhancing individual self-control. The CPT welcomes this state of
affairs.

110. Places where children may be deprived of
their liberty should provide a positive and personalised environment. In
addition to being of an adequate size, well lit and ventilated, children’s
sleeping and living areas should be properly furnished, well-decorated and
offer appropriate visual stimuli. Unless there are compelling security reasons
to the contrary, detained children should be allowed to keep a reasonable
quantity of personal items.

111. The above-mentioned requirements were being
met at Trinity House School. Children were accommodated in good-sized,
personalised single rooms grouped in units (one for new arrivals, two for
longer term placements and a semi-open unit). The rooms had good access to
natural light and ventilation, and were adequately furnished; however, it
would be preferable to replace the present masonry plinths with proper beds.
Each unit had a homely and comfortable television/sitting room, a dining room,
a kitchen, a “quiet room” and sanitary facilities. All premises were clean and
in a good state of repair.

112. Children have a particular need for
physical activity and intellectual stimulation. Those deprived of their liberty
should be offered a full programme of education, sport, vocational training,
recreation and other purposeful activities. Physical education should
constitute an important part of that programme.

113. Trinity House School offered developed and
individualised programmes of activities to children (each of whom had a key
worker or contact person), the objective being to assist them in making up for
any delay they might have experienced in their basic education. All boys were
required to attend classes (which included literacy/numeracy, woodwork,
metalwork, art, cookery, physical education, horticulture and computing) in
small groups during normal school hours. Sports and other facilities (gym,
computer room, library, leisure facilities) were of a high standard. Other
activities included drug awareness and offending behaviour programmes and sex
education.

114. An incentive scheme was in place rewarding
children (e.g. with extra pocket money, more activities, access to the quiet
room) for good behaviour; they were assessed daily, inter alia, on the state of
their room and personal hygiene, verbal and physical attitudes and problem
solving. The delegation was informed that the establishment’s management
intended to develop this scheme further. The CPT would like to receive
further information on this subject.

115. The delegation was told that a child could
not be separated from the other children as punishment. So-called “protection”
(padded) rooms were used to hold children who became seriously disruptive,
generally for a short spell, while staff attempted to assist them in regaining
self-control. Staff were required to keep detailed written records of use of
the padded rooms. The information gathered during the visit confirmed that
those rooms were mostly used for brief periods (e.g. up to 30 minutes) and
seldom for long periods; between January and May 2002, the maximum time spent
by a boy in a padded room had been 12 hours.

According to the stated policy of
the management of Trinity House, published in March 2001, it is intended to
phase out the padded rooms in 2002; the CPT would like to receive
confirmation that this has been done.

116. A general practitioner visited Trinity
House School on a weekly basis, and was on call at other times, and there was a
nurse who worked half-time. Further, a psychiatrist could be contacted when
needed. Dental care was provided by community-based dentists. All new arrivals
were promptly seen by the nurse and were examined by the general practitioner,
usually within 24 hours. The medical files were well kept and medical
confidentiality was respected.

117. The prevalence of behavioural and/or
emotional problems tends to be high among detained children. It is therefore
particularly important that the health-care team of a detention facility for
young persons includes a psychologist working in close co-ordination with other
health-care staff (doctors, nurses) and staff members (including teachers and
social workers) who have regular contact with the children. The goal should be
to ensure that the health care delivered to children deprived of their liberty
forms part of a seamless web of support and therapy.

The CPT is therefore concerned to
note that there was no psychologist attached to the health care team at Trinity
House School; it recommends that this be remedied.

118. At
Trinity House School, considerable importance was attached to the maintenance
of contact with the outside world. In particular, children were encouraged to
correspond with, and make telephone calls to, their relatives, who could also
visit them freely. In appropriate cases, visitors were offered practical
assistance (e.g. accommodation, local transport).

The
CPT welcomes this approach; indeed, the
active promotion of such contacts can be very beneficial for children
deprived of their liberty, many of whom may have behavioural problems related
to emotional deprivation or a lack of social skills.

119. Effective complaints procedures are
basic safeguards against ill-treatment in institutions where children are
deprived of their liberty. Inmates in such institutions should have avenues of
complaint open to them, both within the establishment’s administrative system
and to outside bodies, and be able to have confidential access to an
appropriate authority.

At Trinity House School, new arrivals
are provided with a comprehensive guide setting out in detail the rules of the
establishment and explaining the ways to lodge complaints, and there is a child
protection scheme laying down the procedures for dealing with complaints. Other
avenues of complaint (e.g. the police) remain open to the children. Relevant
information is also provided to the relatives of children committed to Trinity
House School.

120. The CPT attaches particular importance to
regular visits to all detention facilities for children by an independent body
(for example, a visiting committee or a judge) with authority to receive - and,
if necessary, take action on – children’s complaints and to inspect the
facilities.

The Ministry of Education and
Science is putting in place a system of external inspection of reformatory
schools and other places of detention for children under its authority, as
foreseen in the Children Act 2001[14].
Draft standards and criteria for inspection have been drawn up and it is
expected that an outside agency will be contracted to carry out the inspections[15].
The CPT welcomes these measures. It would like to be kept informed of
developments in this respect, and to receive copies of the draft standards and
criteria for inspections.

The CPT understands that it is also
planned to establish an office of ombudsman for children entitled to visit
detention facilities for children. The CPT would like to receive further
information on this subject, including clarification as to whether the
ombudsman will also be empowered to inspect police stations, prisons or other
establishments used from time to time to hold children deprived of their
liberty.

121. Many
of the persons interviewed by the CPT’s delegation about their experience while in police custody
stated that they had been correctly treated by the police. However, a not
inconsiderable number of persons complained of physical ill-treatment by
police officers. Most of the allegations received concerned the time of
arrest, including after the detained person had been brought under control, or during transport to a police station; some
complaints related to ill-treatment in cells or detention areas in police
stations.In certain cases the
ill-treatment alleged was said to have been inflicted by officers trying to
obtain information or secure a confession from the detained person.

The
allegations involved in the main blows with batons, as well as kicks and
punches to various parts of the body. On occasion, the ill-treatment alleged
was of a severe nature. In some cases, the delegation’s doctors gathered
medical evidence consistent with the allegations received.

122. The
information gathered highlights the need for the Irish authorities to intensify
their efforts to prevent ill-treatment by the police. The CPT has
recommended that the message that the
ill-treatment of detained persons is not acceptable - and will be
severely sanctioned - be vigorously recalled to police officers in an
appropriate manner at regular intervals. The Committee has also called for police officers to be unequivocally reminded
that no more force than is strictly necessary should be used when effecting an
arrest and that, once arrested persons have been brought under control, there
can be no justification for striking them.

Further,
the CPT has recommended that the Irish authorities seek to integrate human
rights concepts into practical professional training for high-risk situations,
such as the arrest and interrogation of suspects.

123. As regards accountability mechanisms,
the existing internal mechanism - the Garda Síochána Complaints Board - enjoys
little public confidence and is failing to contribute to the prevention of
ill-treatment. The CPT has encouraged the Irish authorities to continue to give
a very high priority to establishing an inspection and complaints mechanism
which is, and is seen to be, independent and impartial.

Several
persons stated that they had tried unsuccessfully to complain about the manner
in which they had been treated by the police to the judge before whom they had
been brought; some persons claimed that they had displayed bruises on visible
parts of their body, but that their injuries had met with no reaction from the
judge (and other authorities present). In this regard, the CPT has made
detailed recommendations concerning the action to be taken by the competent
authorities present during such proceedings when there are indications that
ill-treatment may have occurred.

124. Material conditions
of detention in the police establishments visited were on the whole
acceptable. Certain shortcomings observed in the cells at the Dublin Bridewell
have already been remedied.

125. As had been the case during previous
visits, the three fundamental safeguards against ill-treatment advocated
by the CPT, namely the right of detained persons to inform a close relative or
another third party of their choice of their situation, to have access to a
lawyer and to have access to a doctor, in the main operated in a satisfactory
manner.

The CPT has
welcomed the fact that legal aid is now in principle available as from the
outset of custody. However, the choice/appointment of solicitors for detained
persons who do not have their own lawyer continues to be organised informally
by the police. The information gathered indicates that further steps are
required to ensure that detained persons who do not have their own lawyer feel
that they can trust the solicitor proposed to them.

The CPT has
also reiterated its opinion that the right of access to a lawyer should include
the right to have the lawyer present during police interrogations. The
introduction of audio-video recording of interviews, while a welcome step, does
not obviate the need for this right. The CPT has invited the authorities to
give further consideration to this issue.

The CPT has
also recommended that steps be taken to ensure that the results of every
medical examination, as well as any relevant statements by the detainee and the
doctor’s conclusions, are recorded in writing by the doctor and made available
to the detainee and his lawyer.

126. Existing legal provisions requiring police
officers systematically to report and investigate the use of force vis-à-vis
detained persons and to arrange for the medical examination of those who bear
injuries were apparently not always complied with. The CPT has therefore
recommended that police officers be formally reminded of their duties under
Regulation 20, paragraphs 3 to 7, and Regulation 21, paragraph 1, of the 1987
Garda Síochána regulations concerning persons in custody.

127. Many of the
inmates interviewed by the delegation indicated that they had reasonably good
and constructive relations with most of the prison staff. However, in all three
prisons visited, the delegation heard complaints of ill-treatment of
prisoners, mostly verbal abuse; in Dublin, the delegation also received some
allegations of kicks, slaps and rough treatment.

The Irish
authorities should reiterate at regular intervals the message that all forms of
ill-treatment are unacceptable, and prison officers should be reminded that any
force used to control violent and/or recalcitrant prisoners should be no more
than is strictly necessary.

Senior
management appeared determined to take appropriate action when allegations of
ill-treatment came to their attention; however, in all of the establishments
visited, prisoners seemed to have very little confidence in the complaints
system. The CPT has stressed that complaints procedures should offer
appropriate guarantees of independence and impartiality, and persons who may
have been ill-treated should not be discouraged from pursuing a complaint.

128. At Cork and Mountjoy Prisons, and to a
lesser extent at Cloverhill, prisoners in need of psychiatric care were
frequently placed in unfurnished padded cells. In general, material
conditions in these cells, including sanitary arrangements, were very poor.
Persons in need of in-patient psychiatric treatment remained in a padded cell
for days and, on occasion, for longer periods. In the CPT’s opinion, such
treatment could well be characterised as inhuman and degrading.

The Committee has welcomed the steps
taken by the Irish authorities after the visit to bring this practice to an end
and to ensure the rapid transfer of mentally ill prisoners to an establishment
capable of offering them the treatment required by their condition.

129. In all of the establishments visited, the
delegation heard accounts of inter-prisoner violence and/or bullying.
The CPT has requested information on strategies developed with a view to
addressing this problem in the Irish prison system.

130. Material
conditions of detention at the Dóchas Centre were very good. However, at
the time of the visit, the establishment was operating above its capacity; as a
result, some women were being accommodated in the infirmary. Conditions at
Cloverhill Prison were also good, but occupancy levels in some cells were too
high. At Mountjoy and Cork Prisons, conditions remained unsatisfactory in
various respects; in particular, the establishment at Cork was found to be
overcrowded and in a poor state of repair. The CPT has recommended that
occupancy levels in cells at Cloverhill and Cork be reduced in line with
criteria identified by the Committee, that a decision be taken about the future
of the Mountjoy complex at the earliest opportunity, and that Cork Prison be
kept in an appropriate state of repair.

Slopping
out continued to be a regular feature of the morning routine for prisoners in
most parts of Cork and Mountjoy Prisons. The CPT has recommended that the Irish
authorities vigorously pursue their efforts to provide prisoners with better
access to proper sanitary facilities.

131. With the
exception of the Dóchas Centre, a significant number of prisoners in all of the
establishments visited were not being offered a regime worthy of the name; the
regime provided at Cloverhill Prison was particularly underdeveloped. The CPT
has recommended that efforts to develop the programmes of activities for
prisoners be redoubled.

132. Improvements were noted as regards the
provision of health care to prisoners. However, further action is
required to meet the objective of equivalence of care. The CPT has made recommendations concerning medical confidentiality,
health-care staff resources and access to dental care. It has also recommended
the development and implementation of a comprehensive care policy for prisoners
with drug-related problems. The role of prison health-care services in the
prevention of ill-treatment has also been addressed.

133. Various other issues falling within
the CPT’s mandate have been raised in the report. The CPT has again recommended
that the Irish authorities persevere in their efforts to adopt new Prison Rules
at the earliest opportunity; pending the adoption of those rules, Article 69
(1) (d) of the 1947 Prison Rules (which, in practice, permits placement in
solitary confinement for up to two months) should cease to be applied. The
Committee has also called for the practice of accommodating immigration
detainees in prison to be reviewed, and recommended that steps be taken to
ensure that the recently appointed Inspector of Prisons and Places of Detention
is placed in a position to fulfil his functions in the most effective and
independent manner.

134. The delegation received no complaints of ill-treatment
from patients at the Central Mental Hospital. Nevertheless, it was
informed of ongoing investigations into allegations of sexual abuse of female
patients by certain staff members, and into the death of a patient while being
restrained.

In this connection, the CPT has made
clear that there is no scope for consent in sexual contacts between staff and
persons deprived of their liberty, including mental patients. It has also
underlined the importance of staff entrusted with the care of mentally ill
patients being carefully selected and possessing appropriate qualifications and
training, as well as the need, in the interests of the prevention of
ill-treatment, for adequate supervision of staff.

135. Living conditions for patients
accommodated in the more modern units at the Central Mental Hospital remained
very good, and some work had been carried out in the other units, i.e. in the
main building. However, in the latter, living conditions still left a great
deal to be desired, including as regards access to, and the state of, sanitary
facilities. The CPT has recommended that favourable consideration be given to a
proposal by the Review Committee for the Central Mental Hospital to completely
renovate the main building and construct a new accommodation wing; it has also
identified certain specific measures to be taken to improve patients’living
conditions without waiting for the implementation of that proposal.

136. The CPT has welcomed action taken to
reinforce the staff resources at the Central Mental Hospital, both as
regards psychiatrists and nurses. Nonetheless, the Irish authorities should
pursue their efforts to resolve staff-related problems and to fill vacant
posts.

137. The CPT’s delegation found no evidence of
over-medication and noted the existence of individual care plans for patients.
However, the plans to develop therapeutic activities for patients, which
date back several years, have not yet matured; in 2002, the number of patients
who could attend occupational therapy and benefit from other programmes
continued to be limited. The CPT has recommended that further efforts be made
to provide a larger number of patients with a structured daily programme of
therapeutic and rehabilitative activities.

138. One patient had spent some considerable
time in seclusion (i.e. in a padded cell) over the four months prior to
the visit; however, it was recognised that this measure had not significantly
improved the patient’s condition. The CPT has encouraged the Irish authorities
to continue exploring other means of managing patients who are prone to
aggression and self-harm. The Committee has also reiterated its recommendations
that the seclusion facilities in Unit 1 of the Central Mental Hospital be
upgraded and that the padded cell in Unit 4 be taken out of service.

139. The CPT’s delegation heard no allegations,
and gathered no other evidence, of ill-treatment of residents by staff
in the establishments for mentally disabled persons visited. The
attitude of staff working in close contact with residents was found to be
professional and caring, and they spoke with sensitivity about their work.

The Committee has nonetheless
expressed concern about the absence of a clear legal or administrative
framework for involuntary admission to establishments for mentally disabled
persons. It has recommended that the legal situation of persons placed in
mental disability facilities be reviewed as a matter of urgency and that action
be taken with a view to providing a comprehensive legal framework for such
institutions, offering an adequate range of safeguards to persons placed in
them.

140. Living conditions in the three establishments
visited were on the whole acceptable. However, the CPT has recommended that
large dormitories be gradually replaced by smaller units.

141. Efforts to
provide the best care possible to residents were, to some extent, being
undermined in the three establishments visited by staff shortages. The
psychology services were particularly underdeveloped. The CPT has recommended
that staffing levels be reviewed and that an individualised assessment of
residents in establishments for mentally disabled persons be carried out, with
a view to ensuring that they receive the treatment they require or are
transferred to a more appropriate establishment.

142. In all three establishments, there were no
signs of overmedication, medical records were detailed, precise and easily
readable, and medical confidentiality was being respected. Further, the
information gathered as regards the use of seclusion and physical restraint did
not give rise to concern.

143. The CPT’s delegation heard no allegations,
and gathered no other evidence, of ill-treatment of children by staff at
Trinity House School. Staff appeared to be motivated and well equipped
to work with young persons deprived of their liberty.

144. Material conditions were quite
satisfactory; inmates were accommodated in good-sized, personalised single
rooms and all the premises were clean and in a good state of repair.
Nevertheless, it would be preferable to replace the masonry plinths in the
bedrooms with proper beds.

Trinity House School offered
developed and individualised programmes of activities to inmates; sports
and other facilities were of a high standard.

The CPT has also welcomed the
considerable importance given at the establishment to the maintenance of inmates’
contact with the outside world.

145. Moreover, health-care arrangements
at Trinity House School were on the whole satisfactory. However, the CPT has
recommended that a psychologist be attached to the establishment’s health care
team.

146. The various recommendations, comments and
requests for information formulated by the CPT are listed in Appendix I.

147. As regards more particularly the CPT’s recommendations,
having regard to Article 10 of the Convention, the Committee requests the Irish
authorities to provide within six months a response giving a full
account of action taken to implement them.

The CPT trusts that it will also be
possible for the Irish authorities to provide, in the above-mentioned response,
reactions to the comments formulated in this report which are listed in
Appendix I, as well as replies to the requests for information made.

- the message that the ill-treatment of detained persons is not
acceptable - and will be severely sanctioned - to be vigorously recalled to
police officers in an appropriate manner at regular intervals (paragraph 14);

- police officers should be unequivocally reminded that no
more force than is strictly necessary should be used when effecting an arrest
and that, once arrested persons have been brought under control, there can be
no justification for striking them (paragraph 14);

- the Irish authorities to seek to
integrate human rights concepts into practical professional training for
high-risk situations, such as the arrest and interrogation of suspects
(paragraph 15);

- whenever
criminal suspects brought before a judge allege ill-treatment by the police,
the competent authority present during those proceedings to record the
allegations in writing, order immediately a forensic medical examination and
take the necessary steps to ensure that the allegations are properly
investigated. Such an approach to be followed whether or not the person
concerned bears visible external injuries. Even in the absence of an express
allegation of ill-treatment, the competent authority to request a forensic
medical examination whenever there are other grounds to believe that the person
brought before the judge could have been the victim of ill-treatment (paragraph
16);

- the Irish
authorities are encouraged to continue to give a very high priority to
establishing an inspection and complaints mechanism which is, and is seen to
be, independent and impartial (paragraph 18).

requests for information

- the results of the criminal and disciplinary proceedings
related to the policing of the demonstration on 6 May 2002 and of the outcome
of any individual complaints of ill-treatment (paragraph 13);

- the criminal and/or disciplinary consequences of a failure
by police officers to comply with the provisions of Regulation 20, paragraphs 3
to 7, and Regulation 21, paragraph 1, of the Criminal Justice Act, 1984
(Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 (paragraph 17).

Conditions of detention

comments

- the lighting
and ventilation in certain of the cells at Cork Bridewell left something to be
desired (paragraph 19).

Safeguards
against the ill-treatment of detained persons

recommendations

- steps to be
taken to ensure that the results of every medical examination, as well as any
relevant statements by the detainee and the doctor’s conclusions, are recorded
in writing and made available to the detainee and his lawyer (paragraph 23).

comments

- further steps
are required to ensure that detained persons who do not have their own lawyer
feel that they can trust the solicitor proposed to them by the police
(paragraph 21);

- further
consideration should be given to the possibility for lawyers to be present
during interviews, including as regards the legislative measures which may be
required in order to establish this right (paragraph 22);

- the
legal/administrative basis for the extension of the right to legal aid to
include persons detained in police stations (paragraph 21);

- clarification
concerning the range of offences to which the new electronic recording
requirements will apply and the circumstances when recording might be omitted
(paragraph 25).

B. Prisons

Preliminary
remarks

recommendations

- the
Irish authorities to persevere in their efforts to adopt new Prison Rules at
the earliest opportunity (paragraph 26).

Ill-treatment

recommendations

- prison officers to be reminded that
no more force than is strictly necessary should be used when controlling
violent and/or recalcitrant prisoners and that, once they have been brought
under control, there can be no justification for striking them (paragraph 35);

-the
Irish authorities to redouble their efforts to ensure that their decision to
develop training in interpersonal communication skills is effectively
translated into practice (paragraph 35).

comments

- the Irish
authorities are encouraged to continue to reiterate at regular intervals the
message that all forms of ill-treatment - including verbal abuse - are not
acceptable (paragraph 34);

- complaints
procedures should offer appropriate guarantees of independence and
impartiality, and persons who may have been ill-treated should not be
discouraged from pursuing a complaint (paragraph 36).

requests
for information

- for 2001 and 2002:

· the
number of complaints lodged concerning ill-treatment by prison officers and the
number of disciplinary and/or criminal proceedings initiated as a result of
those complaints;

· an
account of those complaints and the outcome of the proceedings (allegations,
brief description of the findings of the relevant court or body, verdict,
sentence/sanction imposed)

(paragraph 37);

- the outcome of the disciplinary
action taken in connection with the case referred to in paragraph 33 (paragraph
37);

- further developments concerning the
management of prisoners in need of psychiatric care and, more particularly, of
in-patient hospital treatment (paragraph 39);

- strategies developed with a view to
addressing the problem of inter-prisoner violence in the Irish prison system
(paragraph 40).

Conditions
of detention

recommendations

-the
partitioning of in-cell lavatories at Cloverhill Prison to be improved
(paragraph 42);

- a decision
concerning the future of Mountjoy (i.e. whether to refurbish and modernise the
Prison for Men or to redevelop the Mountjoy complex as a whole) to be taken at
the earliest opportunity (paragraph 43);

- at Cork
Prison, the 7.5 m² cells to cease to be used to accommodate more than one
prisoner; the 21 m² cells to accommodate no more than four persons
(paragraph 44);

- Cork Prison to
be kept in an appropriate state of repair (paragraph 44);

- efforts to
develop the programmes of activities for prisoners to be redoubled. The aim
should be to ensure that all prisoners, whether on remand or sentenced, spend 8
hours or more outside their cells engaged in purposeful activities of a varied
nature (work, preferably with vocational value; education; sport;
recreation/association) (paragraph 50).

comments

-efforts
should be made to limit the occupancy of the larger cells at Cloverhill Prison
(measuring approximately 11 m²) to two prisoners (paragraph 42);

- efforts
should be made to avoid as far as possible placing two prisoners in the 9 m²
cells at Cork Prison (paragraph 44);

- either
a toilet facility should be located within cellular accommodation (preferably
in a sanitary annexe) or means should exist enabling prisoners who need to use
a lavatory to be released from their cells without undue delay at all times
(including at night) (paragraph 45);

- the
Irish authorities are encouraged to increase the number of places available on
the “Connect Project” (paragraph 48).

requests
for information

- measures
taken to ensure that all prisoners at the Dóchas Centre are provided with
appropriate accommodation (paragraph 41).

Health-care services

recommendations

- steps
to be taken to ensure that all medical examinations of prisoners (whether on
arrival or at a later stage) are conducted out of the hearing and - unless the
doctor concerned requests otherwise in a particular case - out of the sight of
prison officers (paragraph 54);

- Mountjoy
Prison for Men to benefit from the equivalent of a full-time doctor
(paragraph 57);

- urgent
action to be taken to significantly increase the presence of the doctor in Cork
Prison (paragraph 57);

- at
least one full-time qualified nurse to be assigned to the Dóchas Centre, and
the health-care team at Cork Prison to be reinforced by qualified nursing staff
(paragraph 57);

- the
authorities to take steps to reinforce dental-care services in Irish prisons
(paragraph 59);

- the
practice of making information leaflets on general health issues available to
inmates (and staff) at Cloverhill Prison to be extended to other prisons
(paragraph 60);

- the
psychiatric services in Cork Prison to be strengthened (paragraph 62);

- the
psychological services of the prisons visited to be developed (paragraph 63);

- steps
to be taken to ensure that practice in Ireland is brought into line with the
considerations set out in paragraph 65 concerning the contents of the record
drawn up following a medical examination of a newly admitted prisoner. The
result of the medical examination to be made available to the prisoner
concerned. The same approach to be followed whenever a prisoner is medically
examined following a violent episode in prison (paragraph 65);

- a
comprehensive policy for the provision of care to prisoners with drug-related
problems to be developed and implemented. In the context of implementing such a
policy, substitution treatment to be introduced at the earliest opportunity in
the prisons not currently providing it (paragraph 68).

comments

- the
health care facilities at Mountjoy Prison for Men were rather cramped and their
state of cleanliness left something to be desired (paragraph 58);

- the
presence of a qualified psychiatric nurse during the day in the medical unit
(D2) at Cloverhill Prison would be desirable (paragraph 62).

requests
for information

- the
authorities’ intentions with respect to implementation of the recommendations
of the group set up to review the structure and organisation of prison
health-care services, as well as the timeframe therefor (paragraph 52).

Other
issues

recommendations

- current
arrangements for accommodating immigration detainees to be reviewed (paragraph
69);

- the
disciplinary system to be developed without further delay, having regard to
recommendations already made by the CPT (paragraph 70);

- pending
the adoption of new Prison Rules, Article 69 (1) (d) of the 1947 Prison Rules
to cease to be applied (paragraph 71);

- the
limited access to natural light in the ground floor cells in D Block at Cork
Prison to be remedied (paragraph 72);

- steps
to be taken to ensure that the Inspector of Prisons and Places of Detention is
placed in a position to fulfil his functions in the most effective and
independent manner (paragraph 75);

- conditions
in the visiting facilities at Cork Prison to be improved (paragraph 77).

requests for information

- comments on the remarks in paragraph
74 concerning the confidentiality of prisoners’ correspondence with outside
bodies and with their lawyers (paragraph 74);

- the current situation as regards the
replacement of temporary visiting facilities at Mountjoy Prison for Men with a
modern purpose-designed unit (paragraph 77).

C. Mental health establishments

Central
Mental Hospital

recommendations

- favourable consideration to be given
to the proposal made by the Review Committee for the Central Mental Hospital,
set up in December 2000 by the East Coast Health Board, that the main building
be completely renovated and a new accommodation wing constructed (paragraph
85);

- action to be taken to improve
patients’ living conditions (furnishing rooms with chairs; removing shutters
covering windows, and, if necessary, replacing windowpanes; upgrading sanitary
facilities; and improving patients’ access to a lavatory at night) without
waiting for the complete renovation of the hospital’s main building (paragraph
85);

- efforts to be pursued to resolve
staff-related problems at the Central Mental Hospital and to fill vacant
psychologist, occupational therapist, nursing and social worker posts
(paragraph 86);

- further efforts to be made to provide
a larger number of patients with a structured daily programme of therapeutic
and rehabilitative activities, based on their individual needs and capacities
(paragraph 87);

- steps to be taken to ensure that
seclusion at the Central Mental Hospital is always properly recorded and only
has to be resorted to because of medical considerations (paragraph 90);

- the seclusion facilities in Unit 1 of
the Central Mental Hospital to be upgraded and the padded cell in Unit 4 to be
taken out of service (paragraph 91).

comments

- given the inherent vulnerability of
persons deprived of their liberty, there is no scope for consent in sexual
contact between staff and inmates; this is no less true where mental patients
are concerned. Such conduct on the part of staff should always be regarded as
an abuse of their authority (paragraph 81);

- consideration should be given to
installing a call system in patients’ rooms (paragraph 85);

- the Irish authorities are encouraged
to continue to explore means, other than seclusion in a padded cell for
extended periods, of managing patients prone to aggression and self-harm
(paragraph 89).

requests for information

- confirmation that an automatic
independent review of every patient admitted on an involuntary basis to a
psychiatric establishment, including the Central Mental Hospital, is now
provided for by legislation (paragraph 79);

- the results of the investigations
into recent allegations of sexual abuse of female patients by certain members
of staff at the Central Mental Hospital and into the death of a patient while
being restrained by staff in 2001 (paragraph 80);

- any additional measures taken as
regards procedures for the restraint of patients, in the light of the result of
the investigation mentioned in paragraph 82 (paragraph 82);

- clarification concerning consent to
treatment to be given by patients admitted to the Central Mental Hospital
(paragraph 88).

Establishments for mentally disabled
persons

recommendations

- the legal
situation of persons placed in mental disability facilities to be reviewed as a
matter of urgency and action to be taken with a view to providing a
comprehensive legal framework for such institutions, offering an adequate range
of safeguards to persons placed in them (paragraph 94);

- the
considerations in paragraph 99 as regards residents’ living conditions to be
borne in mind when formulating future policies concerning mental disability
services (paragraph 99);

- large
dormitories to be gradually replaced by smaller units (paragraph 99);

- staffing
levels in the three institutions visited to be reviewed (paragraph 104);

- an
individualised assessment of residents in establishments for mentally disabled
persons to be carried out, with a view to ensuring that they receive the
treatment they require or are transferred to a more appropriate establishment
(paragraph 104).

comments

- the
shortcomings as regards living conditions at Grove House mentioned in paragraph
95 should be remedied (paragraph 95);

- in appropriate
cases, patients should be allowed to have access to their own rooms during the
day (paragraph 95);

- the
shortcomings as regards living conditions at St Raphael’s mentioned in
paragraph 97 should be remedied (paragraph 97).

requests
for information

- further information on the relocation of more autonomous persons
with mental disabilities to community-based facilities (paragraph 92).

D. Detention centres for
children

Preliminary remarks

comments

- even if material conditions of
detention are good, police cells are not appropriate places for holding children
for an extended period of time (paragraph 107).

requests
for information

- further information on the opening of
a detention unit for children aged 14 to 15 at St Patrick’s Institution and the
manner in which the standards of the Ministry of Education for establishments
for children will be met (paragraph 107).

Material conditions

comments

- it would be preferable to replace the
masonry plinths in children’s rooms at Trinity House School with proper beds
(paragraph 111).

Regime

requests for information

- information on the development of the
incentive scheme at Trinity House School (paragraph 114);

- confirmation that the padded rooms
have been withdrawn from service (paragraph 115).

Health care

recommendations

- the absence of a psychologist
attached to the health care team at Trinity House to be remedied (paragraph
117).

Complaints and inspection
procedures

requests for information

- developments concerning the putting
in place of a system of external inspection of reformatory schools and other
places of detention for children, and copies of the draft standards and
criteria for inspections (paragraph 120);

- further information on the
establishment of an office of ombudsman for children, including clarification
as to whether the ombudsman will also be empowered to inspect police stations,
prisons or other establishments used from time to time to hold children
deprived of their liberty (paragraph 120).

[1] The
first two visits took place in September/October 1993 and in August/September
1998. The CPT’s reports on those visits have been published together with the
responses of the Irish Government as documents CPT/Inf (95) 14 and 15, CPT/Inf
(96) 23, and CPT/Inf (99) 15 and 16.

[5] Cf. “Measures relating to
inspection arrangements for the Garda Síochána and for dealing with complaints
against members of the Garda Síochána by the public” published by the Minister
for Justice, Equality and Law Reform in October 2001, and other information
provided to the CPT by the Planning Division of the police prior to the 2002
visit.

[7] At the time of the visit, the
Irish Prison Service had an official capacity of 3,576.

[8] Cork Prison was first visited in
1993 and Mountjoy Prison was visited in 1993 and 1998.

[9] The complex comprises Mountjoy
Prison for Men and the Dóchas Centre, as well as two adjacent but independent
establishments, namely St Patrick’s Institution (for young persons) and the
Training Unit (for prisoners nearing the end of their (long) sentences).

[10] Cf. also the report of the Inspector
of Mental Hospitals on his December 2001 inspection of the Central Mental
Hospital, in which he confirmed conclusions drawn following previous
inspections and stated that “most of the old building was quite unsatisfactory
for its current purpose and conditions in some parts were most unsatisfactory”.

[11] Cf. points 4, 5, and 11 of the
survey “Experience of care and need for change”.

[12] Given that it had not yet been
formally re-designated as a non-psychiatric unit, St Joseph’s could apparently
still be subject to scrutiny by the Inspector of Mental Hospitals.

[13] Cf. Section 57(1) of the Children
Act 1908, as amended by Section 9(1) of the Children Act 1941; Section 65(a) of
the 1908 Act, as amended by Section 11(1) of the 1941 Act; and Articles 147,
149 and 155 of the Children Act 2001.